H  D  TRANSLATION 


OCUMENTS 
DEFT. 


THE  LAW  OF  EMINENT  DOMAIN, 


EXTENDED  TO  CIT.A  AND  PORTO  RICO  BY 
ROYAL  DECREE  OF  JUNE  I,",, 


AND 


REGULATIONS  FOR  ITS  APPLICATION. 


WAR   DEPARTMENT, 
Oin    INSULAR 

^II,     1001. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
O  1  0  0  1 . 


GIFT  OF 


DOCU1WENTS 


TRANSLATION 


OF 


THE  LAW  OF  EMINENT  DOMAIN, 


EXTENDED  TO  CUBA  AND  PORTO  RICO  BY 
ROYAL  DECREE  OF  JUNE  13, 1884, 


AND 


REGULATIONS  FOR  ITS  APPLICATION. 


WAR  DEPARTMENT, 

OF    IH^STIL-AJFt 

MARCH,    1901. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 
1901. 


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ooco. 


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TABLE  OF  CONTENTS. 


Page. 

Title  I.  General  provisions '. 5 

Title  II.  Expropriation 6 

Section  1 .  First  period. — Declaration  of  public  utility 6 

Section  2.  Second  period. — Necessity  of  the  occupation  of  the  real  property .  7 

Section  3.  Third  period. — Appraisal 10 

Section  4.  Fourth  period. — Payment  and  taking  possession 13 

Section  5.  Internal  improvements  in  large  towns 15 

Title  III.  Temporary  occupations 16 

Transitory  provisions 18 

REGULATIONS    FOR   THE    APPLICATION   OP   THE    LAW   OF    EMINENT    DOMAIN. 

Chapter  I.  Proceedings  for  the  declaration  of  public  utility 23 

II.  Declaration  of  the  necessity  of  the  occupation  of  real  property 26 

III.  Appraisal  of  estates  subject  to  forcible  expropriation 33 

IV.  Payment  and  taking  possession  of  expropriated  estates 38 

V.  Expropriations  necessary  for  the  interior  improvement  of  large 

towns 42 

VI.  Temporary  occupations 53 

Additional  article 57 

3 


381499 


TRANSLATION 

OF   THE 

LAW  OF  EMINENT  DOMAIN,  EXTENDED  TO  CUBA  AND  PORTO 
RICO  BY  ROYAL  DECREE  OF  JUNE  13, 1884,  AND  REGULATIONS 
FOR  ITS  APPLICATION. 


LAW  OF  JANUARY  10,  1879. 
TITLE  I. — GENERAL  PROVISIONS. 

ARTICLE  1.  Forcible  expropriation  for  a  cause  of  public  utility, 
authorized  by  article  10  of  the  Constitution,  can  not  take  place,  with 
regard  to  real  property,  except  in  accordance  with  the  provisions  of 
this  law. 

ART.  2.  Works  of  public  utility  shall  be  those  whose  direct  object 
is  to  furnish  to  the  State,  to  one  or  more  provinces,  or  to  one  or  more 
towns,  any  uses  or  improvements  which  may  redound  to  the  general 
good,  whether  executed  on  account  of  the  State,  of  the  provinces,  or 
of  the  towns,  or  by  companies  or  private  enterprises  duly  authorized. 

ART.  3.  The  expropriation  referred  to  in  article  1  can  not  take 
place  without  the  following  requisites  being  first  complied  with: 

First.  A  declaration  of  public  utility. 

Second.  A  declaration  to  the  effect  that  all  or  a  part  of  the  real 
property  which  it  is  desired  to  expropriate  is  indispensably  necessary 
for  the  execution  thereof. 

Third.  An  appraisal  of  what  is  to  be  sold  or  assigned. 

Fourth.  Payment  of  the  price  which  represents  the  indemnity  for 
what  is  forcibly  alienated  or  ceded. 

ART.  4.  Any  person  deprived  of  his  property  without  the  requisites 
mentioned  in  the  foregoing  article  having  been  complied  with,  may 
institute  summary  proceedings  to  retain  or  recover  possession  in  order 
that  the  judges  may  protect  and,  in  a  proper  case,  restore  possession  to 
the  person  improperly  dispossessed. 

ART.  5.  The  expropriation  proceedings  shall  be  conducted  with  the 
persons  who,  in  accordance  with  the  registry  of  property  or  the  tax 
list,  appear  as  the  owners  or  as  having  their  possession  recorded. 

If,  on  account  of  their  age  or  for  any  other  reason,  the  owner  of  a  piece 
of  property  should  be  incapacitated  to  enter  into  a  contract,  and  should 

5 


have  no  curator  or  other  person*  to  represent  him,  or  the  property 
should  be  the  object  of  litigation,  the  proceedings  shall  be  conducted 
with  the  promoter  fiscal,  who  may  validly  perform  in  his  name  all  that 
is  stated  in  the  foregoing  article. 

When  the  owner  of  an  estate  is  unknown,  or  if  known,  his  where- 
abouts are  unknown,  the  order  or  decree  relating  to  the  expropriation 
of  the  estate  shall  be  published  in  the  Boletin  Oficial  of  the  province 
and  in  the  Gaceta  de  Madrid.  Should  no  statement  be  forthcoming 
within  a  period  of  fifty  daj^s,  either  from  the  owner  in  person  or 
through  some  one  duly  empowered,  it  shall  be  presumed  that  consent 
is  given  for  the  representative  of  the  department  of  public  prosecution 
to  represent  said  owner  in  the  expropriation  proceedings. 

ART.  6.  All  those  who  can  not  alienate  the  property  which  they 
administer  without  the  permission  of  a  judicial  authority,  are  author- 
ized to  do  so  in  the  cases  mentioned  in  this  law,  without  prejudice  to 
securing,  in  accordance  to  law,  the  amounts  which  they  may  receive 
in  consequence  of  the  alienation  in  favor  of  the  minors  or  wards.  In 
no  case  shall  said  amounts  be  delivered  to  them,  but  they  shall  always 
be  deposited  and  held  at  the  disposal  of  the  proper  judicial  authority. 

ART.  7.  Transfers  of  ownership,  under  whatsoever  title,  shall  not 
interfere  with  the  expropriation  proceedings,  the  new  owner  being 
considered  as  subrogated  to  the  obligations  and  rights  of  the  former 
owner. 

ART.  8.  The  rents  and  contributions  pertaining  to  the  property 
expropriated  for  works  of  public  utility  shall  be  admitted  during  the 
year  following  the  date  of  the  alienation  as  an  evidence  of  the  legal 
capacity  of  the  person  dispossessed  to  exercise  the  rights  which  may 
pertain  to  him. 

ART.  9.  The  concessionaires  and  contractors  of  public  works  who 
may  be  properly  authorized  to  obtain  the  alienation,  temporary  occu- 
pation, or  use  of  materials,  in  the  manner  authorized  by  this  law,  shall 
be  subrogated  to  all  the  obligations  and  rights  of  the  administration 
for  the  purposes  of  this  law. 

TITLE  II. — EXPROPRIATION. 

SECTION  I. — FIRST  PERIOD. — DECLARATION  OF  PUBLIC  UTILITY. 

ART.  10.  The  declaration  that  a  work  is  of  public  utility  shall  be 
the  subject  of  a  law,  when,  in  whole  or  in  part  it  must  be  paid  for  with 
the  funds  of  the  State,  or  when  without  the  attendance  of  these 
circumstances  its  importance  so  requires  in  the  judgment  of  the 
Government. 

It  is  the  duty  of  the  Government,  through  the  respective  Minister, 
to  make  said  declaration  when  the  work  concerns  several  provinces, 
or  when  it  must  be  paid  for  or  aided  with  general  funds,  for  the  dis- 
tribution of  which  it  has  been  previously  authorized  by  law. 


In  other  cases  this  duty  pertains  to  the  governor  of  the  province, 
after  hearing  the  deputation,  and  also  the  ayuntaniiento,  when  munici- 
pal works  are  in  question. 

ART.  11.  Works  in  charge  of  the  State  executed  according  to  the 
prescriptions  of  Chapter  III  of  the  law  of  public  works,  those  included 
in  the  general,  provincial,  and  municipal  plans  designated  in  articles 
20,  24,  and  14  of  the  said  law  of  public  works;  every  work,  whatever 
be  its  character,  whose  execution  may  have'  been  authorized  by  a  law 
or  may  have  been  designated  in  the  special  laws  for  railways,  roads, 
waters  and  ports  which  have  been  enacted,  or  may  be  enacted  here- 
after, are  excepted  from  the  formality  of  a  declaration  of  public  utility. 
All  works  of  urban  police,  and  especially  the  enlargement  and  inter- 
nal improvement  of  towns,  are  also  exempt  from  this  requirement. 

ART.  12.  Proceedings  for  a  declaration  of  public  utility  may  be 
instituted  at  the  instance  of  the  authorities  who  are  to  make  said  dec- 
laration with  the  consent  of  one  or  more  corporations,  or  at  the 
instance  of  a  private  individual  or  a  properly  organized  company. 

ART.  13.  In  anv  case  there  shall  be  presented  in  duplicate,  to  the 
proper  authority,  according  to  article  10,  the  complete  plan  of  the 
work  it  is  proposed  to  construct,  with  sufficient  explanations,  not  only 
to  form  a  clear  idea  of  the  same,  but  also  of  the  advantages  its  con- 
struction would  bring  to  general  and  common  interests,  and  a  state- 
ment of  the  funds  available  to  carry  out  the  work. 

The  authority  whose  duty  it  is  to  make  a  declaration  of  public 
utility  shall,  by  means  of  the  official  periodicals  of  the  districts  inter- 
ested in  the  work,  and  by  means  of  communications  directed  to  the 
authorities  of  the  same,  advise  both  them  and  the  public  of  the  request 
made,  so  that  at  the  proper  time  they  may  present  such  objections  as 
they  may  deem  proper  within  a  period  which  shall  be  not  less  than 
eight  days,  if  a  work  which  affects  only  an  ayuntamiento  is  in  ques- 
tion; twenty  days,  if  it  affects  a  province,  and  thirty  days,  should  it 
extend  to  a  number  of  provinces,  in  which  case  the  announcements 
shall  be  also  inserted  in  the  Gaceta  of  Madrid. 

SECTION   II. — SECOND   PERIOD. — NECESSITY     OF  THE    OCCUPATION    OF  THE  REAL 

PROPERTY. 

ART.  14.  After  a  work  has  been  declared  of  public  utility,  it  is  the 
duty  of  the  administration  to  decide  whether  all  or  a  part  of  the  real 
property  is  necessary  for  the  execution  of  said  work. 

ART.  15.  The  person  or  corporation  authorized  to  construct  a  work 
shall  present  to  the  government  of  the  province  a  list  of  the  persons 
interested  in  the  expropriation,  according  to  the  plan  approved  by 
the  same,  and  an  authorized  revision  of  it  by  those  charged  with 
the  inspection  of  works,  either  by  the  public  administration  or  by  the 
corporations  which  are  to  finance  the  same,  stating  therein  the  correla- 


tive  situation,  the  number  and  kinds  of  property  of  each  owner  that 
must  be  occupied  in  whole  or  in  part,  as  well  as  the  names  of  the 
lessees  or  tenants,  making  the  proper  division  by  municipal  districts. 

ART.  16.  The  governor  of  the  province,  within  three  days  after 
having  received  the  reports  referred  to  in  the  foregoing  article,  shall 
transmit  to  each  mayor  a  nominal  statement  of  the  part  relating  to  his 
district,  in  order  that,  when  duly  compared  with  the  tax  list,  and  with 
the  data  in  the  registry  of  property,  should  it  be  necessary,  and  the 
errors,  if  any,  corrected,  he  prepare  in  accordance  therewith,  and 
transmit  within  a  period  not  to  exceed  fifteen  days,  the  report  required 
for  the  purposes  mentioned  in  article  5  of  this  law. 

ART.  17.  When  the  nominal  statement  of  the  property  owners, 
authenticated  by  the  mayors  has  been  received,  the  governor  shall 
order  its  insertion  in  the  Boletin  Oficial  of  the  province,  fixing  a 
period,  which  shall  not  be  less  than  fifteen  nor  more  than  thirty  days, 
in  order  that  the  persons  or  corporations  interested  may  object  to  the 
necessity  of  the  occupation  proposed,  and  in  any  manner  oppose  the 
utility  of  the  work  which  is  finally  determined  by  the  declaration  of 
public  utility. 

ART.  18.  After  the  claims  have  been  filed  within  the  period  men- 
tioned in  the  foregoing  article,  the  civil  governor,  after  hearing  the 
provincial  commission,  shall  decide  within  the  following  fifteen  days 
as  to  the  necessity  of  the  occupation  proposed  for  the  execution  of 
the  work. 

ART.  19.  From  the  decision  of  the  civil  governor  an  appeal  lies  only 
to  the  proper  department  within  the  eight  days  following  that  of  the 
administrative  notification. 

The  department  shall  decide  within  the  thirty  days  following  that 
of  the  record  of  the  filing  of  the  proceedings  by  means  of  a  royal 
decree. 

ART.  20.  After  the  necessity  of  occupying  one  or  more  properties 
has  been  declared  in  order  to  execute  a  work  of  public  utility,  the  des- 
ignation shall  be  made  of  the  estates  or  parts  thereof  to  be  expro- 
priated, as  also  their  appraisal;  and  for  this  purpose  the  governor  of 
each  province  of  those  interested  in  the  work  shall  notify,  by  means  of 
the  Boletin  Oficial,  the  property  owners  whose  names  appear  in  the 
corrected  nominal  statement,  and  furthermore  they  shall  be  person- 
ally or  individually  notified,  fixing  a  period  of  eight  days,  in  order  that 
they  may  appear  before  the  respective  mayors  and  designate  the  expert 
who  is  to  represent  each  one  in  said  operations.  If  they  should  not 
be  found,  the  formalities  prescribed  for  citation  and  summons  in  the 
law  of  civil  procedure  shall  be  observed. 

For  the  same  purpose  he  shall  communicate  with  the  representative 
of  the  administration  or  of  the  corporation  which  is  to  finance  the 
work,  who  must  have  been  previously  properly  empowered. 


9 

The  appointment  of  experts  before  the  mayors  should  be  made  by 
the  same  persons  whose  names  appear  in  the  nominal  statement,  and 
no  other  representation  shall  be  admitted  except  by  a  power  of  attor- 
ney, duly  authorized,  either  general  or  special  for  this  case. 

ART.  21.  The  experts  appointed  both  by  the  administration  and  by 
the  property  owners  must  have  a  professional  degree  corresponding  to 
the  kind  of  work  committed  to  their  charge,  and  no  other  limitations 
of  the  conditions  of  appointment  shall  be  made  except  that  they  have 
practiced  their  profession  for  at  least  one  year.  The  appointment  of 
persons  who  have  not  these  qualifications,  as  well  as  those  made  with- 
out observing  the  provisions  of  the  foregoing  article,  shall  be  consid- 
ered null,  it  being  understood  that  the  respective  property  owners,  as 
well  as  those  who  have  made  no  appointment,  consent  to  have  the 
expert  who  is  to  represent  the  administration,  or  the  person  who  dis- 
charges his  duties,  or  that  of  the  corporation  who  finances  the  work, 
to  represent  them. 

ART.  22.  The  engineer  or  professional  person  who  represents  the 
Government,  or  in  general  the  person  referred  to  in  the  foregoing 
article,  shall  receive  from  the  governor  of  the  province  a  certificate  in 
which  are  stated  the  appointments  made  before  the  mayor  or  mayors 
of  the  districts  which  are  included  in  the  work  and  shall  fix  the  day  on 
which  the  experts  are  to  commence  the  surveys,  directing  the  same 
personally  or  through  their  assistants,  so  that  in  the  least  possible  time 
and  with  the  greatest  exactness  all  the  necessary  data  may  be  obtained, 
in  order  to  make  the  appraisal. 

ART.  23.  The  data  referred  to  in  the  foregoing  article  shall  consist 
of  a  detailed  and  correlative  statement  of  all  the  properties  that  are 
to  be  expropriated,  with  their  situation,  character,  total  area,  and 
boundaries,  as  well  as  the  kind  of  land  they  contain  and  explanations 
as  to  their  nature  or  products. 

Furthermore,  the  rent  of  each  property,  as  shown  by  existing  con- 
tracts, shall  be  stated,  as  well  as  the  taxes  paid  on  the  same,  the  tax- 
able value  represented,  and  the  tax  pertaining  thereto,  according  to 
the  last  assessments. 

It  shall  also  be  stated  how  the  expropriation  affects  each  estate, 
giving  the  area  desired  to  be  expropriated,  and  if  not  to  be  entirely 
occupied,  the  form  and  area  of  the  remaining  part  shall  be  stated. 
These  facts  shall  be  shown  in  a  plan  drawn  on  a  scale  of  1  to  1,400  for 
rural  property,  and  on  a  scale  of  1  to  1,100  for  urban  property,  which 
plan  shall  accompany  the  report  indicated. 

There  shall  also  be  stated  if  in  some  estate  that  is  not  to  be  entirely 
occupied  it  would  be  more  advisable  to  expropriate  all  or  leave  the 
remainder  for  the  owner,  for  which  purpose  the  opinion  of  the  expert 
appointed  by  the  owner  must  be  followed. 

ART.  24.  The  documents  referred  to  in  the  foregoing  article  must 


10 

be  signed  by  common  consent  by  all  the  experts  engaged  on  any  work 
or  part  thereof,  or  in  each  municipal  district,  arid  they  shall  be  trans- 
mitted by  the  director  of  the  work  to  the  civil  governor  of  the  prov- 
ince with  his  report,  containing  also  any  remarks  he  may  deem  proper 
as  to  the  conduct  of  the  experts. 

ART.  25.  The  cost  of  these  operations,  as  well  as  the  salaries  of  all 
the  experts,  shall  be  defrayed  by  the  administration,  or  by  its  legal 
representative,  for  the  entire  period. 

The  buildings,  plantings,  improvements,  and  works  which  are  not 
of  recognized  necessity  for  the  preservation  of  the  property,  made 
after  the  date  which  terminates  this  period,  shall  not  be  taken  into 
account  in  fixing  the  amount  of  the  indemnity. 

SECTION  III. — THIRD  PERIOD — APPRAISAL. 

ART.  26.  When  the  estate  or  part  of  an  estate  that  it  is  necessary 
to  expropriate,  belonging  to  an  individual,  establishment,  or  any  cor- 
poration, is  definitely  known,  the  representative  of  the  administration 
shall  try  to  secure  the  same  by  agreement  with-  the  owner,  for  which 
purpose  he  shall  address,  through  the  governor  of  the  province,  to  the 
interested  property  owners,  a  statement  of  the  appraised  value  of  each 
piece  of  property,  made  by  the  expert  of  the  administration,  in  which 
these  circumstances  appear  taken  from  the  general  report,  and  there 
shall  be  included  the  fixed  price  to  be  paid  to  the  owner  in  full  and 
free  of  all  costs.  The  owner  within  a  period  of  fifteen  days  shall  fully 
and  freely  accept  or  refuse  the  offer,  any  conditional  acceptance  being 
considered  null. 

The  acceptance  shall  carry  with  it  the  right  for  the  administration 
to  occupy  the  entire  property  or  the  part  thereof  determined  in  the 
statement  of  valuation,  always  after  the  payment  of  the  price  thereof. 

AKT.  27.  When  the  owner  refuses  to  accept  the  offer  of  the  admin- 
istration, he  is  obliged  to  present  another  statement  of  valuation, 
signed  by  his  expert,  in  which,  according  to  the  same  data,  must  be 
stated  the  appraisal  he  believes  to  be  just,  which  appraisal  must  be 
given  to  the  governor  within  the  period  granted  to  the  owner  for 
deciding  upon  the  offer  made. 

The  representative  of  the  administration  shall  transmit  another  sim- 
ilar statement,  signed  by  the  expert  appointed  by  him,  as  soon  as  the 
governor  has  been  notified  of  the  refusal  of  the  owner. 

The  fees  earned  by  the  experts  for  these  appraisements  shall  be 
respectively  paid  by  each  party  in  interest,  as  also  the  stamped  paper 
on  which  the  statement  of  appraisal  is  written. 

ART.  28.  In  the  same  there  must  be  stated  in  detail  the  grounds  for 
the  appraisal,  both  with  regard  to  the  class  of  the  property  and  to 
the  price  fixed.  The  experts  shall  take  into  account  all  the  circum- 
stances which  may  contribute  to  increase  or  diminish  its  value,  coin- 


11 

pared  with  other  similar  properties,  which  have  been  the  object  of 
a  recent  appraisement  in  the  same  municipal  district,  and  to  the 
value  of  the  part  of  the  property  occupied  shall  be  added  the  sums 
representing  the  damages  of  all  kinds  which  may  be  caused  by  the 
work  requiring  the  expropriation;  and  as  an  offset  to  said  dam- 
ages, the  benefits  resulting  to  the  remainder  of  the  property  from 
.said  work  should  also  be  considered. 

The  experts  are  responsible  for  the  irregularities  found  in  the  state- 
ments of  appraisal  or  for  nonagreement  with  previous  appraisements. 

In  case  that  the  total  amount  of  one  or  more  statements  of  appraisal 
should  be  the  same  in  both  the  valuation  of  the  administration  and  in 
those  of  the  owners,  the  value  shall  be  considered  as  fixed  by  common 
consent. 

In  case  of  a  difference  between  the  statement  of  the  administration 
and  that  of  the  owners,  the  experts  of  both  parties  must  meet  within 
a  period  not  to  exceed  eight  days,  in  order  to  see  whether  they  can  not 
agree  as  to  the  appraisal. 

After  said  period  has  elapsed  without  the  experts  coming  to  an  agree- 
ment, it  shall  be  understood  that  they  can  not  agree  and  the  proceedings 
shall  take  the  proper  course. 

ART.  29.  The  administration  or  its  legal  representative  may,  if  advis- 
able, occupy  at  any  time  real  property  that  may  have  been  the  subject 
of  an  appraisal,  on  the  deposit  of  an  amount  equal  to  that  fixed  in  the 
statement  of  the  expert  of  the  owner,  for  which  purpose  the  governor 
of  the  province  shall  issue  the  proper  orders. 

The  owner  is  entitled  to  receive  4  per  cent  per  annum  of  the 
amount  stated  for  the  period  that  elapses  until  he  receives  the  amount 
of  the  expropriation  definitely  determined. 

ART.  30.  When  the  expert  appointed  by  the  administration  and  the 
one  appointed  by  the  owner  can  not  agree  in  determining  the  amount 
of  the  expropriation,  the  civil  governor  of  the  province  shall  send  a 
communication  to  the  judge  of  the  district  requesting  him  to  appoint 
a  third  expert. 

ART.  31.  The  judge  within  eight  days  after  receiving  the  communi- 
cation mentioned  in  the  foregoing  article,  and  under  his  personal  lia- 
bility, shall  appoint,  ex  qfficio,  the  expert,  record  his  acceptance,  and 
communicate  it  to  the  governor  of  the  province  without  admitting  or 
consenting  that  any  objections  whatsoever  be  made. 

ART.  32.  Until  the  judge  makes  the  appointment  of  the  third  expert 
the  civil  governor  shall  order  that  there  be  attached  to  the  proceedings: 

1.  The  titles  of  ownership  of  the  properties  which  the  administra- 
tion considers  proper  to  demand  from  the  persons  interested. 

2.  The  complaints  presented  by  the  property  owners  during  the 
three  years,  last  past,  to  the  public  treasury  relative  to  the  assessment 
of  the  land  tax. 


12 

3.  A  certificate  of  the  tax  levy  on  each  property  for  the  distribu- 
tion of  the  land  tax  and  of  the  quota  pertaining  to  each  during  the 
three  years  last  past. 

4:.  A  certificate  of  the  register  of  property  as  to  the  price  of  the 
real  properties  it  is  proposed  to  expropriate,  stating  whether  any  of 
them  had  been  transferred  during  the  last  ten  years  and  otherwise  the 
price  for  which  other  properties  adjacent  to  that  which  is  the  object 
of  expropriation  has  been  alienated  during  the  twelve  months  last 
past,  or  other  property  which,  owing  to  location  and  character,  is  in 
similar  conditions. 

AKT.  33.  After  the  data  mentioned  in  the  foregoing  article  have 
been  attached  to  the  proceedings,  and  all  other  data  which  the  civil 
governor  of  the  province  may  consider  pertinent,  and  the  appointment 
of  the  third  expert  has  been  received  from  the  judge,  the  latter,  within 
a  period  that  shall  never  exceed  thirty  days,  shall  fulfill  his  duty  by 
means  of  a  certified  statement,  which  shall  be  attached  to  the  proceed- 
ings drafted  in  the  same  manner  in  which  the  statements  of  appraisal 
were  prepared,  it  being  understood  that  the  value  must  always  be 
within  the  limits  which  have  been  fixed  by  the  expert  of  the  adminis- 
tration and  that  of  the  owner. 

ART.  34.  The  governor,  in  view  of  the  declarations  of  the  experts  and 
the  other  data  attached  to  the  proceedings,  within  the  period  of  thirt}^ 
days,  and  within  the  minimum  and  maximum  price  fixed  by  the  experts, 
after  hearing  the  provincial  commission,  shall  decide,  and  state  the 
reasons  for  his  decision,  the  amount  that  is  to  be  paid  for  the  expro- 
priation, communicating  the  result  to  each  of  the  interested  parties. 

This  resolution  shall  be  published  in  the  Boletin  Oficial  of  the  prov- 
ince when  the  parties  in  interest  agree  thereto. 

When  the  resolution  of  the  governor  is  final,  it  shall  be  complied 
with  according  to  the  procedure  prescribed  by  the  law  for  accounting 
and  by  special  regulations. 

ART.  35.  Private  persons  may  appeal  to  the  Government  within 
thirty  days  after  receiving  administrative  notice  of  the  decision  of  the 
governor,  and  its  decision  shall  terminate  governmental  proceedings. 
The  Government,  represented  by  the  proper  minister,  may  demand 
from  the  governor  the  proper  record  of  proceedings  within  the  same 
period  and  review  his  decision. 

In  either  case  the  proper  royal  order  shall  be  sent  to  the  governor 
within  a  period  not  to  exceed  thirty  days. 

The  royal  order  accepted  b}T  the  parties  in  interest  shall  be  pub- 
lished in  the  Boletin  Oficial  of  the  province. 

From  the  royal  order  terminating  the  governmental  proceedings, 
an  appeal  lies  by  contentions  proceedings  within  two  months,  counted 
from  the  date  of  the  notification  of  the  administrative  decision,  both 
for  a  vice  in  the  procedure  prescribed  in  this  law  as  well  as  for  an 


13 

error  in  assessing  the  value  of  the  land  expropriated,  if  said  error 
should  represent  at  least  the  sixth  part  of  the  true  value. 

ART.  36.  In  all  cases  in  which  forcible  expropriation  takes  place,  in 
addition  to  paying  to  the  person  dispossessed  the  price  at  which  his 
property  was  valued,  he  shall  be  allowed  3  per  cent  in  consideration 
of  the  special  value  which  he  may  attach  thereto  (predo  de  afeccion). 

SECTION  IV. — FOURTH  PERIOD. — PAYMENT  AND  TAKING  OF  POSSESSION. 

ART.  37.  When  the  decision  of  the  governor  as  to  the  price  of  the 
expropriation  becomes  final,  immediate  payment  thereof  shall  be  made. 

The  payment  shall  be  made  in  coin,  before  the  mayor  of  the  district 
within  which  the  estates  are  situate,  for  which  purpose  due  notice  shall 
be  sent  to  him,  with  a  list  of  the  persons  interested,  long  enough  in 
advance  so  that  they  may  assemble  in  the  "Casa  Consistorial "  on  the 
day  and  hour  set  for  the  payment. 

ART.  38.  The  mayor  shall  see  that  the  person  who  for  this  purpose 
represents  the  administraton,  or  the  person  who  has  the  right  to  repre- 
sent him,  delivers  the  amounts  stated  on  each  statement  of  appraisal 
to  the  acknowledged  owner  of  the  estate,  according  to  the  provisions 
of  articles  5  and  6  of  this  law,  the  signature  of  the  person  writing  the 
receipt  on  the  statement  of  appraisal  being  authenticated  with  the  seal 
of  the  mayor's  office. 

When  a  property  owner  can  not  sign,  one  of  those  present  shall 
do  so,  at  his  request,  in  which  case,  as  well  as  in  the  case  of  one  that 
will  not  admit  of  a  substitute  owing  to  the  absence  of  the  principal, 
the  mayor  shall  affix  his  "visto  l>ueno"  in  order  to  authenticate  said 
signatures. 

ART.  39.  If  any  property  owner  should  refuse  to  receive  the  amount 
designated  in  the  respective  statement  of  appraisal,  or  if  upon  the 
right  to  receive  the  value  of  the  expropriation  of  one  or  more  estates 
a  question  should  arise  that  might  occasion  litigation,  or  if  with  refer- 
ence to  the  liquidation  of  the  royal  dues  upon  some  of  them  there  is 
no  agreement  among  the  interested  parties,  the  ma3^or  shall  suspend 
the  payment  of  the  corresponding  amounts,  recording  all  in  a  state- 
ment which  he  shall  transmit  to  the  civil  governor  as  soon  as  the  pay- 
ments have  been  made.  In  this  report  shall  also  be  included  the  names 
of  the  property  owners  who,  notwithstanding  an  express  citation,  were 
not  present  at  the  payment. 

ART.  ttO.  The  governor  shall  order  the  deposit  of  the  amounts 
included  in  any  of  the  cases  mentioned  in  the  foregoing  article,  and 
also  when  from  the  titles  of  the  estates  there  should  appear  any  obliga- 
tion to  make  restitution,  and  the  persons  interested  must  apply  to  him 
when  the  time  arrives  for  their  realization  or  cancellation. 

ART.  41.  When  the  work  of  expropriation  has  been  concluded  in 
one  municipal  district,  or  in  one  part  of  the  work,  the  person  who 


14 

executed  the  work  shall  deliver  to  the  governor  of  the  province  a  duly 
authenticated  copy  of  all  the  statements  of  appraisal  reached  by  any 
method  which  constitute  the  proceedings  of  that  part  of  the  work,  so 
that  the  offices  may  take  note  of  the  transfer  of  ownership  of  the 
estates  included  therein;  the  law  being  observed  with  reference  to 
inscription  in  the  registry  of  property. 

ART.  42.  The  rights  referred  to  in  article  4  can  not  be  exercised  by 
assuming  that  a  greater  area  than  that  indicated  in  the  respective  pro- 
ceedings has  been  occupied  of  an  estate  that  has  been  the  object  of 
expropriation. 

Should  the  necessities  of  the  work  require  a  larger  occupation  the 
valuation  shall  be  increased  on  the  termination  thereof,  or  at  once 
should  the  property  owner  demand  it,  at  the  rate  agreed  upon  in  the 
original  proceedings,  providing  that  the  excess  does  not  exceed  the  fifth 
part  of  the  area  contained  in  said  original  proceedings. 

Otherwise  the  increase  must  be  the  subject  of  a  new  expropriation, 
although  the  execution  of  the  works  in  course  of  construction  can  not 
be  retarded  thereby.  When  this  occurs  the  new  valuation  shall  include 
the  land  to  be  occupied  or  that  has  been  occupied,  and  in  no  manner 
whatsoever  the  damages  that  may  have  been  considered  in  the  original 
proceedings. 

ART.  43.  If  the  work  requiring  the  expropriation  is  not  executed, 
or  if  executed  there  should  result  some  surplus  piece  of  land,  as  also 
in  case  the  estates  should  remain  without  application  on  account  of  the 
object  of  the  forcible  expropriation  having  terminated,  the  original 
owner  may  recover  that  which  was  expropriated,  returning  the  sum 
which  he  may  have  received  or  the  amount  which  proportionately  cor- 
responds to  the  part,  unless  the  parcel  referred  to  should  be  a  part 
that,  without  being  indispensable  to  the  work,  was  ceded  for  the  con- 
venience of  the  property  owner,  according  to  the  last  provision  of 
article  23. 

The  original  owners  may  exercise  the  right  granted  to  them  by  the 
foregoing  paragraph  within  the  period  of  one  month,  counted  from 
the  day  upon  which  the  administration  notifies  them  of  the  nonexecu- 
tion  or  removal  of  the  work  which  gave  rise  to  the  occupation  of  the 
whole  or  a  part  of  the  estates  which  were  expropriated;  and  upon  the 
expiration  of  that  period,  without  a  petition  for  a  return,  it  shall  be 
understood  that  the  State  may  dispose  of  the  property. 

ART.  44.  For  the  purposes  of  this  law  a  parcel  in  urban  estates  is 
understood  to  be  every  surplus  left  after  the  expropriation  that  is 
larger  than  3  meters,  insufficient  for  building  purposes  according  to 
the  municipal  ordinances. 

In  rural  estates,  when  the  part  is  small  and  its  working  difficult  and 
expensive,  in  the  opinion  of  experts. 


15 

SECTION  V. — INTERNAL  IMPROVEMENTS  IN  LARGE  TOWNS. 


16 

exemption  from  taxes  and  charges  on  transfers  of  ownership  granted 
ayuntamientos  for  the  properties  they  must  acquire  in  order  to  carry 
out  the  works  of  improvement,  a  similar  exemption  is  granted  to  them 
in  selling  the  new  lots  which  result  from  the  properties  expropriated 
for  said  purpose. 

ART.  53.  They  may  also  execute,  themselves  or  through  concession- 
aire companies,  the  works  in  question  with  the  authority  of  the  Gov- 
ernment, but  they  must  keep  a  separate  account  of  everything  exclu- 
sively relating  to  the  same. 

ART.  54.  For  the  execution  of  the  plans  of  works  to  which  the  pre- 
ceding articles  refer,  all  the  rules  and  provisions  prescribed  in  this 
law  must  be  observed,  and  with  regard  to  the  parcels  the  provisions 
of  the  laws  of  the  17th  of  June,  1864,  and  that  for  the  enlargement  of 
towns. 

TITLE  III. — TEMPORARY  OCCUPATIONS. 

ART.  55.  The  administration,  as  well  as  the  corporations  or  persons 
to  whom  their  rights  may  have  been  subrogated,  may  temporarily 
occup}^  lands  of  private  ownership  in  the  following  cases: 

First.  For  the  purpose  of  making  studies  or  performing  technical 
operations  lasting  a  short  time,  the  purpose  of  which  is  to  collect  data 
for  the  formation"  of  the  plan  or  for  the  remarking  of  the  ground  plan 
of  a  construction. 

Second.  For  the  establishment  of  stations  and  temporary  roads, 
workshops,  storehouses,  deposits  of  materials  or  any  others  required 
by  the  works  previously  declared  of  public  utility,  with  regard  to  the 
construction  thereof  as  well  as  with  regard  to  the  ordinary  repair  or 
separation. 

Third.  For  the  extraction  of  materials  of  all  kinds  which  may  be 
necessary  for  the  execution  of  said  works,  whether  scattered  over  the 
estate  or  whether  they  must  be  the  object  of  a  specially  instituted 
working. 

ART.  56.  Urban  property  is  specially  excepted  from  temporary 
occupation  or  the  imposition  of  easements;  but  in  limited  cases,  in 
which  the  use  thereof,  may  be  necessary  for  the  services  mentioned, 
the  express  permission  of  the  owner  must  be  obtained. 

ART.  57.  The  public  official  in  charge  of  the  study  of  a  work  of  this 
character,  or  the  private  individual  duly  authorized  for  the  same  work, 
shall  be  provided  by  the  governor  of  the  province  with  credentials  for 
the  mayors  of  the  towns  within  whose  districts  they  are  to  work,  in 
order  that  they  may  be  given  all  the  assistance  possible  and  most 
specially  the  securing  of  permission  from  the  respective  owners  for 
the  commission  in  charge  of  the  studies  to  pass  through  their  estates. 
The  damage  which  may  be  caused  thereon  by  the  work  must  be  paid 
at  once  after  appraisal  of  two  experts,  appointed  by  the  chief  in 


17 

charge  of  the  studies  and  the  proprietor,  or  according  to  an  adjust- 
ment by  the  mayor  or  by  the  person  upon  whom  he  may  have  dele- 
gated his  functions,  if  the  former  should  not  agree.  In  case  of 
objection  without  cause,  the  mayor  shall  inform  the  governor  thereof, 
in  order  that  he  may  render  the  decision  which  may  be  proper  in 
accordance  with  the  general  law  of  public  works. 

At  the  instance  of  a  party,  and  after  the  evidence  which  may  be 
considered  advisable,  the  governor  may  withdraw  the  authorization 
granted  and  enforce  the  liability  which  may  be  proper  for  any  abuse 
committed. 

ART.  58.  The  declaration  of  public  utility  of  a  work  carries  with  it 
the  right  to  the  temporal*}7  occupations  required  in  the  execution 
thereof. 

The  necessity  of  the  latter  shall  be  the  object,  whenever  necessary, 
of  a  proceeding  conforming  to  the  provisions  of  the  second  section  of 
Title  II,  but  the  declaration  of  the  governor  referred  to  in  article  18 
shall  be  final,  and  without  prejudice  to  subsequent  proceedings  the 
appraisal  and  the  consequent  occupation  may  take  place.  When  an 
estate  is  in  question  with  whose  owner  prior  negotations  have  been 
had,  the  publication  of  the  notices  in  the  Boletin  Ofidal  shall  be  sus- 
pended, the  negotiations  being  conducted  with  said  owner  through  the 
mayor.1 

ART.  59.  As  it  is  not  possible  in  a  majority  of  cases  of  temporary 
occupation  to  fix  in  advance  the  extent  or  the  duration  of  said  occupa- 
tion, the  governor  shall  order  that  it  take  place  after  an  agreement 
between  the  administration  and  the  owner  as  to  the  sum  to  be  deposited 
to  answer  for  the  payment  which  may  become  due.  Should  no  agree- 
ment be  reached,  the  provisions  mentioned  in  article  29  et  seq.  of  the 
law  shall  be  observed. 

Before  the  temporary  occupation  takes  place  of  an  estate  without 
the  prior  payment  of  the  amount  of  the  occupation  the  condition  of 
said  estate  shall  be  stated,  with  a  report  of  any  circumstance  which 
could  offer  doubts  in  the  appraisal  of  the  damages  caused,  in  accordance 
with  the  provisions  prescribed  for  a  full  expropriation  in  accordance 
with  article  23. 

ART.  60.  The  appraisals  in  cases  of  temporary  occupation  shall 
always  be  considered  in  connection  with  the  rent  due  which  the  owner 
has  not  received  during  the  occupation,  adding  thereto  the  damage 
caused  the  property  or  the  presumed  cost  of  reestablishing  the  same 
in  its  original  condition. 

The  appraisal  of  the  cost  of  a  temporary  occupation  must  never  rep- 
resent as  much  as  the  value  of  the  estate.  The  administration,  if  the 
appraisal  of  the  prejudices  should  appear  excessive,  may  request  an 

lThis  article  is  inserted  as  corrected  by  the  law  of  August  4,  1882. 
17621—01 2 


18 

appraisal  of  the  full  expropriation  by  the  means  prescribed  in  this  law, 
and  accept  it,  provided  that!  the-  aniout  thereof  does  not  exceed  one- 
half  more  than  the  former. 

ART.  61.  The  value  of  the  material  taken  from  an  estate  or  extracted 
from  quarries  situated  thereon  shall  be  allowed  only  in  case  that  said 
material  should  have  been  gathered  by  the  owner  prior  to  receiving 
notice  of  the  necessity  thereof  for  the  use  of  the  administration  or 
that  the  quarries  are  open  and  being  worked  prior  to  said  period,  and 
that  he  prove  that  he  requires  said  material  and  the  product  of  the 
latter  for  his  own  use.  With  the  exception  of  this  case,  in  order  that 
the  value  of  the  material  extracted  from  an  estate  may  be  allowed,  the 
owner  must  prove : 

First.  That  said  materials  have  a  market  value. 

Second.  That  he  has  paid  the  proper  tax  corresponding  to  the  indus- 
try which  he  exercises  by  reason  thereof  during  the  quarter  preceding 
the  quarter  during  which  the  necessity  for  the  occupation  was  declared. 

It  shall  not  be  sufficient,  therefore,  for  the  purpose  of  declaring  that 
an  allowance  is  proper  for  the  material,  that  it  could  have  been  utilized 
at  some  time,  with  the  permission  of  the  owner,  or  for  any  compen- 
sation whatsover. 

Neither  shall  claims  for  indemnity  be  taken  into  consideration  which 
are  presumed  by  reason  of  the  leases  of  the  estates  for  the  establish- 
ment of  specific  industries,  provided  that  they  are  not  established 
under  the  conditions  mentioned. 

ART.  62.  When  the  preservation  or  repair  of  a  work  of  public  utility- 
requires,  in  whole  or  in  part,  the  permanent  working  of  a  quarry,  the 
expropriation  will  be  proper  in  accordance  with  the  procedure  pre- 
scribed in  this  law. 

ART.  63.  The  crops  or  fertilizers  on  an  estate  at  the  time  of  the  . 
occupation  thereof  for  a  work  of  general  interest,  not  considered  at 
the  time  of  making  the  expropriation,  shall  be  appraised  and  paid 
for  at  the  time  of  said  expropriation,  by  means  of  a  summary  appraisal 
made  by  two  experts,  one  appointed  by  each  party,  between  whom  the 
mayor  shall  decide,  or  one  of  his  delegates,  should  no  agreement  be 
reached;  it  being  understood  that  the  amount  of  this  appraisal  must 
never  exceed  3  per  cent  of  the  value  which  may  have  been  given  the 
estate  in  the  expropriation  proceedings.  These  proceedings  shall  be 
conducted  with  the  lessees  or  cultivators  of  the  estate,  the  designation 
of  which  shall  be  made  by  the  mayor  in  accordance  with  the  entries 
contained  in  the  municipal  registers. 

TRANSITORY    PROVISIONS. 

ART.  64.  All  expropriation  or  temporary  occupation  proceedings 
pending  at  the  time  of  the  publication  of  this  law  shall  be  governed 


19 

by  prior  legal  provisions  unless  both  parties  should  choose  to  conform 
to  the  provisions  of  this  law. 

ART.  65.  All  laws,  decrees,  regulations,  or  orders  contrary  to  this 
law  are  hereby  repealed. 

ART.  66.  The  Government  shall  publish  the  regulations  which  may 
be  necessary  for  the  execution  of  this  law. 

Therefore: 

We  order  all  tribunals,  justices,  chiefs,  governors,  and  other  author- 
ities, civil  as  well  as  military  and  ecclesiastical,  of  whatsoever  class 
and  rank,  to  observe  and  enforce  the  observance,  fulfill  and  execute 
this  law  in  all  its  parts. 

Given  in  the  Palace  on  January  10,  1879. 

1,  the  King. 

C.  FRANCISCO  QUEIPO  DE  LLANO, 

Minister  of  the  Interim'. 


REGULATIONS 

FOR 

THE  APPLICATION  OF  THE  LAW  OF  EMINENT  DOMAIN. 


21 


REGULATIONS  FOR  THE  APPLICATION  OF  THE  LAW  OF 
EMINENT  DOMAIN. 


ROYAL  DECREE  OF  JUNE  13,  1879. 


In  accordance  with  the  recommendation  of  the  Minister  of  the 
Interior,  after  hearing  the  Council  of  State  in  full,  and  with  the  advice 
and  consent  of  the  Ministers,  I  hereby  approve  the  attached  regula- 
tions for  the  execution  of  the  law  of  eminent  domain. 

ALFONSO. 
Given  in  the  Palace  on  June  13,  1879. 

C.  FRANCISCO  QUEIPO  DE  LLANO, 

Minister  of  the  Interior. 


CHAPTER  I. — PROCEEDINGS  FOR  THE  DECLARATION  OF  PUBLIC  UTILITY. 

ARTICLE  1.  The  proceedings  for  the  declaration  of  public  utility  of 
a  work  in  cases  in  which  this  formality  is  necessary,  according  to  the 
provisions  of  the  law  of  January  10,  1879,  on  forcible  expropriation, 
shall  conform  to  the  prescriptions  contained  in  this  chapter  of  these 
regulations. 

ART.  2.  When  a  work  is  in  question  the  cost  of  which  is  to  be 
defrayed  in  whole  or  in  part  with  funds  of  the  State,  a  plan  of  the 
work  must  precede  the  proceedings  for  the  declaration  of  utility,  which 
plan  shall  be  drafted  by  the  engineer  or  technical  agent  to  whom  the 
direction  may  pertain,  according  to  the  cases. 

The  draft  of  the  plan  shall  conform  to  the  provisions  of  article  6  of 
the  regulations  of  July  6,  1877,  for  the  execution  of  the  general  law 
of  public  works  of  April  13  of  the  same  year. 

ART.  3.  The  plan  shall  be  transmitted  to  the  civil  governor  in  whose 
province  the  work  is  to  be  executed,  in  order  that  it  may  serve  as  a 
basis  for  the  public  notice  referred  to  in  article  13  of  the  law  on 
expropriation.  If  the  work  should  be  included  in  two  or  more 
provinces,  the  notice  may  be  issued  in  the  same,  successively  or  simul- 
taneously, it  being  necessary  in  the  latter  case  that  as  many  copies  be 
made  of  the  plan  as  there  are  provinces,  in  order  to  deliver  one  to  each 
governor. 

23 


24 

Said  authority  shall  order  that  the  proper  edicts  be  published  in  the 
official  periodicals,  for  the  purposes  and  for  the  period  of  time  which 
the  law  fixes  in  the  second  paragraph  of  article  13. 

The  Government  shall  also  have  a  similar  notice  inserted  in  the 
Gaceta  de  Madrid,  another  copy  of  the  plan  being  placed  at  the  dis- 
posal of  the  public  in  the  office  of  the  department  to  which  the  work 
may  pertain. 

ART.  4.  After  the  period  fixed  for  the  hearing  of  objections  to  the 
plan  has  elapsed,  the  governors  shall  forward  the  proceedings  had  in 
connection  therewith  to  the  proper  department,  together  with  their 
own  reports. 

The  minister,  after  hearing  thereupon  the  proper  technical  or  admin- 
istrative corporations,  shall  draft,  if  a  declaration  of  public  utility  is 
proper,  the  project  of  law  referred  to  in  article  10  of  the  expropria- 
tion law,  which  must  be  presented  to  the  Cortes  for  the  closing  of  the 
proceedings. 

ART.  5.  Proceedings  similar  to  those  mentioned  in  the  foregoing 
articles  shall  be  had  for  the  delaration  of  public  utilit}r  of  a  work  when 
the  importance  of  the  same  requires,  in  the  judgment  of  the  Govern- 
ment, that  said  declaration  be  the  subject  of  a  law,  although  the  work 
does  not  affect  the  general  interests  of  the  nation. 

ART.  6.  When  the  cost  of  the  work  is  to  be  defrayed  or  assisted 
with  general  funds,  for  the  distribution  of  which  the  Government  ina}^ 
be  authorized  by  means  of  a  law,  the  procedure  prescribed  by  articles  2 
and  3  shall  be  observed,  and  the  proper  minister,  after  hearing  the 
technical  and  administrative  corporations,  and  in  serious  cases  the 
council  of  state,  shall  resolve  upon  the  declaration  of  utility  by  means 
of  a  royal  decree. 

ART.  7.  When  the  cost  of  the  work  is  to  be  defrayed  with  provin- 
cial funds,  and  should  the  interests  of  two  or  more  provinces  be  con- 
cerned, the  respective  deputations  shall  provide  for  the  draft  of  the 
project  of  the  work  in  question  by  the  technical  directors  of  the  proper 
service. 

The  draft  of  this  project  shall  be  prepared  in  accordance  with  the 
special  forms  which  may  have  been  published  by  the  proper  depart- 
ment for  each  case,  and  in  their  absence,  in  accordance  with  those 
used  by  the  public  works  service. 

ART.  8.  The  project  referred  to  in  the  foregoing  article  shall  serve 
as  a  basis  for  the  public  hearing  which  must  be  held  in  each  of  the 
provinces  interested,  which  may  be  had  successively  or  simultaneously, 
the  formalities  prescribed  in  article  3  of  these  regulations  being 
observed  in  the  latter  case  as  well  as  in  all  else  relating  to  the  hearing. 

After  the  period  for  the  admission  of  objections  has  elapsed,  the 
governors  shall  forward  the  proceedings  to  the  proper  minister,  who 
shall  decide  as  to  the  declaration  by  means  of  a  royal  decree,  after 
hearing  the  proper  consultive  corporations. 


25 

ART.  9.  If  the  cost  of  the  work  is  to  be  defrayed  with  provincial 
funds  and  should  interest  one  province  only,  the  deputation  shall  order 
that  the  proper  expert  make  the  study  of  the  project.  In  the  formula- 
tion of  said  project  the  formalities  established  in  article  59  of  the  regu- 
lations for  the  general  law  of  public  works  shall  be  observed. 

ART.  10.  The  project  shall  be  forwarded  by  the  deputation  to  the 
governor  of  the  province  in  order  that  it  may  serve  as  a  basis  for  the 
public  notice  or  hearing.  The  governor  shall  have  the  proper  adver- 
tisement inserted  in  the  Official  Bulletin,  fixing  a  period,  which  can  not 
be  less  than  twenty  days,  for  the  hearing  of  any  objections. 

Upon  the  expiration  of  the  period  fixed,  the  governor,  after  hearing 
the  reports  of  the  official  and  corporations  which  he  may  consider 
proper,  and  in  every  case  the  report  of  the  provincial  commission  of 
the  deputation,  shall  make  the'  declaration  of  public  utility  of  the 
work,  if  proper. 

ART.  11.  If  the  work  is  municipal  the  proper  ayuntamiento  shall 
have  the  project  drafted  by  the  respective  expert. 

If  the  work  should  affect  more  than  one  municipal  district  in  the 
same  province  the  different  ayuntamientos  interested  must  agree  as  to 
the  person  who  is  to  make  the  study,  and  in  case  of  disagreement  the 
designation  of  said  expert  shall  pertain  to  the  governor. 

In  the  formation  of  the  project,  articles  93  and  95  of  the  regulations 
for  the  execution  of  the  general  law  of  public  works  shall  be  observed 
in  so  far  as  applicable  to  the  case. 

ART.  12.  Upon  the  basis  of  the  project  the  public  hearing  shall  be 
proceeded  with,  for  which  purpose  the  governor  shall  have  the  proper 
notice  inserted  in  the  Official  Bulletin,  fixing  a  period  which  shall  not 
be  less  than  eight  days  for  the  purpose  of  hearing  objections.  Upon 
the  expiration  of  this  period,  the  governor  shall  make  the  declaration 
of  utility,  if  proper,  after  hearing  the  officials  and  corporations  he  may 
deem  advisable,  and  in  every  case  the  deputation  of  the  province  and 
the  ayuntamiento  interested  in  the  execution  of  the  work. 

ART.  13.  When  the  work  interests  two  or  more  towns  situated  in 
different  provinces,  similar  procedure  shall  be  observed,  and  the  author- 
ities and  corporations  who  are  to  take  part  in  the  utility  proceedings 
must  agree  in  their  resolutions.  If  such  agreement  can  not  be  reached, 
any  differences  which  may  arise  shall  be  settled  by  the  minister  of  the 
service  to  which  the  work  corresponds. 

ART.  11.  The  resolutions  of  the  governors  in  the  cases  in  which  the 
declaration  of  the  public  utility  of  a  work  pertains  to  them  must  always 
contain  the  reasons  for  their  decisions,  analyzing  the  objections  which 
may  have  been  made  at  the  hearings  and  demonstrating  whether  or 
not  they  are  proper. 

These  orders  shall  be  published  in  the  official  bulletins  of  the  respec- 
tive provinces,  and  an  appeal  lies  therefrom  through  administrative 
channels  within  the  period  of  thirty  days. 


26 

ART.  15.  If  the  declaration  of  utility  should  be  requested  by  the 
petitioner  of  the  concession  of  the  work,  the  person  interested  shall 
present  to  the  government,  governor,  or  governors  of  the  respective 
provinces,  according  to  the  cases,  the  proper  project  conforming  in  all 
points  to  the  prescriptions  of  article  6  of  the  regulations  for  the  execu- 
tion of  the  general  law  of  public  works,  with  the  documents,  schedules 
of  charges,  bases  for  their  applications,  and  anything  else  which  may 
be  necessary  to  give  a  good  idea  of  the  work  which  it  is  intended  to 
undertake,  the  advantages  to  the  general  interests  and  the  means 
counted  on  to  carry  it  out. 

ART.  16.  The  project  presented  by  the  petitioner  shall  serve  as  a 
basis  for  the  public  proceedings,  which  shall  take  place,  as  the  case 
may  be,  entirely  in  accordance  with  the  provisions  contained  in  the 
preceding  articles  with  regard  to  works  to  be  executed  with  funds  of 
the  State,  of  provinces,  or  of  municipalities. 

ART.  17.  After  a  work  has  been  declared  of  public  utility,  the 
proper  examination  and  approval  shall  be  proceeded  with.  This 
approval  shall  be  given,'  according  to  the  cases,  by  the  minister  of  the 
service  to  which  the  work  pertains,  by  the  deputation  which  is  to  pay 
the  expenses,  or  by  the  governor  of  the  province  if  the  work  were 
municipal;  similar  formalities  being  observed  to  those  which  are  estab- 
lished with  regard  to  this  matter  in  the  general  law  of  public  works 
and  regulations  for  its  execution. 

ART/ 18.  The  following  are  excepted  from  the  formalities  contained  , 
in  this  chapter  of  these  regulations: 

1.  The  works  which  are  in  charge  of  the  State  and  which  are  exe- 
cuted in  accordance  with  the  prescriptions  of  Chapter  III  of  the  law 
of  public  works. 

2.  The  works  included  in  the  State,  provincial,  or  municipal  plans 
which  are  designated  in  articles  20,  34,  and  44  of  said  law. 

3.  Every  work  of  whatsoever  class,  the  execution  of  which  may  have 
been  authorized  by  a  law,  or  is  designated  in  the  special  laws  of  rail- 
ways, roads,  waters,  and  ports,  already  enacted  or  which  may  hereafter 
be  enacted. 

With  regard  to  the  declaration  of  utility  of  works  of  urban  police 
and  the  internal  improvement  of  large  towns,  the  provisions  pre- 
scribed in  Chapter  V  of  these  regulations  shall  govern. 

CHAPTER  II. — DECLARATION  OF  THE   NECESSITY   OF  THE  OCCUPATION 

OF    REAL  PROPERTY. 

ART.  19.  After  a  work  in  charge  of  the  State  has  been  declared  of 
public  utility  and  after  the  plan  thereof  has  been  approved,  and  after 
the  execution  of  the  same  has  been  decided  by  the  Minister  of  the 
proper  service,  the  real  properties  it  is  necessary  to  expropriate  for 
the  execution  of  the  work  shall  be  determined. 


27 

The  second  description  of  the  ground  plan  which  may  have  been 
approved  according  to  the  procedure  prescribed  in  the  foregoing 
chapter  shall  serve  as  a  basis  for  this  determination,  which  second 
ground  plan  shall  be  drafted  in  the  case  of  this  article  by  the  engineer 
of  roads,  canals,  and  ports,  or  by  the  architect  or  technical  person  to 
whom,  according  to  the  case,  the  direction,  surveillance,  and  inspection 
of  the  work  pertains. 

The  person  intrusted  with  drafting  the  second  ground  plan  shall 
inform  the  governor  sufficiently  in  advance,  stating  the  day  on  which 
the  work  will  begin.  The  governor,  as  soon  as  he  receives  this  notice, 
shall  issue  the  proper  orders  to  the  mayors  of  the  municipal  districts 
to  which  the  works  pertain,  so  that  they  may  furnish  to  the  engineers 
or  other  persons  who  are  to  execute  this  work  the  notices  and  all  the 
assistance  which  will  conduce  to  a  good  performance  of  their  duties. 

ART.  20.  Upon  the  second  ground  plan  being  made,  note  shall  be 
made  of  the  situation,  number,  and  character  of  the  estates  which  it 
may  be  necessary  to  occupy  in  whole  or  in  part,  as  well  as  of  the 
names  of  the  owners  and  their  tenants  or  lessees. 

With  this  data  the  nominal  statements  of  the  persons  interested  in 
the  expropriation  shall  be  made,  which  are  referred  to  in  article  15  of 
the  law,  one  statement  to  be  made  for  each  municipal  district. 

The  engineer,  architect,  or  professional  person  who  may  have  veri- 
fied the  second  ground  plan  shall  authenticate  the  said  statements  with 
his  signature,  and  shall  forward  them  to  the  governor  of  the  province 
us  soon  as  the  work  shall  have  been  concluded. 

ART.  21.  The  governor,  within  the  period  mentioned  in  article  16  of 
the  law,  shall  forward  to  each  mayor  the  nominal  statement  which  may 
pertain  to  him,  in  order  that  it  may  be  rectified  in  the  manner  stated 
in  the  said  article. 

The  mayors,  in  returning  to  the  governor  the  corrected  statements, 
shall  take  special  care  to  state,  with  reference  to  the  poll,  who  are  the 
persons  who  appear  as  the  owners  of  the  estates  to  be  expropriated,  as 
well  as  any  other  information  which  they  may  have  with  regard  to  the 
places  of  residence  of  said  owners  or  their  administrators,  in  order  that, 
in  so  far  as  possible,  none  of  the  estates  included  in  the  statement  shall 
remain  without  a  designation  of  the  owner  or  of  his  duly  authorized 
representative,  with  whom  the  administration  is  to  conduct  the  pro- 
ceedings relating  to  the  expropriation. 

ART.  22.  The  governor,  after  receiving  the  statements  rectified  by 
the  mayors,  must  revise  them  to  decide  the  doubtful  cases  or  complete 
what  has  not  been  determined.  For  this  purpose  he  shall  request  the 
information  which  he  may  require  of  the  register  of  property  or  of 
other  officers,  and  if  after  all  means  have  been  exhausted  the  owner  of 
an  estate  can  not  be  ascertained,  or  if  his  whereabouts  are  unknown,  the 
governor  shall  proceed  to  fulfill  the  provisions  contained  in  the  third 


28 

paragraph  of  article  5  of  the  law,  giving  the  proper  notice  to  the  pro- 
motor  fiscal.  The  same  shall  be  done  in  the  cases  referred  to  in  the 
second  paragraph  of  the  same  article. 

The  registers  are  obliged  to  furnish  to  the  governor  all  the  notices 
which  may  be  necessary  to  define  exactly  the  legal  ownership  of  each 
estate. 

ART.  23.  After  the  nominal  statement  of  all  the  persons  interested 
in  the  expropriation  in  each  municipal  district  has  been  definitely  fixed 
in  accordance  with  the  provisions  of  the  foregoing  articles,  the  governor, 
within  three  days,  shall  proceed  to  announce  and  fix  the  period  in  which 
to  object  as  to  the  necessity  of  the  occupation,  the  provisions  contained 
in  article  17  of  the  law  being  fully  observed  with  regard  to  these  points. 

ART.  24.  The  objections  shall  be  addressed  to  the  mayor  of  the  town 
in  whose  district  the  estates  are  situate,  and  may  be  made  verbally  or 
in  writing.  In  the  former  case,  the  mayor  shall  make  a  memorandum 
of  the  objection,  which  shall  be  authenticated  by  the  secretary  of  the 
ayuntamiento.  The  objections  shall  be  confined  exclusively  to  the  spe- 
cific object  of  the  proceedings,  all  those  which  are  directed  against  the 
utility  of  the  work  being  refused. 

Within  eight  days  after  the  expiration  of  the  period  for  the  admis- 
sion of  objections,  each  mayor  shall  forward  to  the  governor  the  pro- 
ceedings relating  to  his  district,  attaching  an  index  of  the  petitions 
and  memoranda  of  objections  which  said  proceedings  may  contain. 

ART.  25.  After  the  governor  has  received  the  proceedings  sent  him 
by  the  mayors,  said  authority  shall  decide,  in  accordance  with  the  pro- 
visons  of  article  18  of  the  law,  as  to  the  necessity  of  the  occupation, 
hearing  the  engineer  or  architect  who  is  the  author  of  the  plan  in 
question  and  the  provincial  commission  of  the  deputation. 

The  resolution  of  the  governor  shall  be  published  in  the  official  bul- 
letin of  the  province,  and  in  addition  each  person  interested  shall  be 
individually  advised,  the  appeal  referred  to  in  article  19  of  the  law 
being  allowed  thereagainst. 

ART.  26.  In  accordance  with  the  provisions  of  articles  18  and  25  of 
these  regulations,  the  governors  shall  decide  as  to  the  necessity  of  the 
occupation  when  the  work  in  question  is  provincial,  in  which  case  the 
second  ground  plan  and  the  formation  of  nominal  statements  of  the 
owners  must  be  made  by  the  professional  person  to  whom  the  direc- 
tion, inspection,  or  surveillance  of  the  work  pertains;  and  the  same 
shall  be  done  for  municipal  works,  the  second  ground  plan  and  the 
statements  mentioned  being  made  by  the  professional  persons  to  whom 
the  draft  of  the  project  may  have  been  intrusted. 

When  the  work  affects  two  or  more  provinces  or  towns  whose 
municipal  districts  belong  to  different  provinces,  the  governor  of  each 
shall  proceed  in  person  and  independently  of  the  others  in  the  prose- 
cution of  proceedings  of  this  character,  and  shall  render  his  decision 
with  regard  thereto  in  the  same  manner. 


29 

ART.  27.  When  the  work  is  to  be  executed  by  concession  in  any  of 
the  cases  provided  for  in  the  general  law  of  public  works,  the  conces- 
sionaire, before  the  period  when,  in  accordance  with  the  conditions,  he 
is  to  begin  the  works,  must  make  a  second  ground  plan  of  the  works 
projected.  The  concessionaire  himself  must  make  the  nominal  state- 
ments of  the  persons  interested  in  the  expropriation,  which  must  be 
transmitted  to  the  governor  of  the  province  in  the  same  manner  as 
prescribed  in  article  20  for  the  works  of  the  State.  After  the  state- 
ments have  been  received  by  the  governor,  all  the  proceedings  pre- 
scribed in  articles  22  to  25  shall  be  observed  until  the  final  decision 
declaring  the  necessity  of  the  occupation. 

ART.  28.  The  prosecution  of  the  proceedings  upon  the  necessity  of 
the  occupation  of  the  estates  and  their  final  decision  shall  not  be  sus- 
pended in  any  case  by  the  measures  which,  in  accordance  with  article 
5  of  the  law  and  22  of  these  regulations,  must  be  taken  to  ascertain 
the  owners  of  the  estates  who  are  unknown,  or  the  curators  or  repre- 
sentatives of  incapacitated  persons  for  the  purpose  of  entering  into 
contracts,  or  if  the  property  is  the  subject  of  litigation.  Therefore, 
estates  included  in  these  circumstances  shall  not  be  considered  at  once, 
but  decisions  must  be  rendered  as  to  others.  With  regard  to  the 
former,  special  proceedings  shall  be  instituted  as  soon  as  it  is  known 
with  what  persons  the  expropriation  proceedings  are  to  be  conducted, 
or  when,  in  their  absence,  it  has  been  declared  that  said  persons  are 
to  be  represented  by  the  prom otor  fiscal  of  the  proper  court. 

Neither  shall  the  course  of  the  proceedings  be  suspended  on  account 
of  the  appeals  which  the  owner  or  owners  of  some  estates  may  take 
from  the  decision  of  the  governor,  the  steps  relating  to  the  expropria- 
tion of  such -estates  being  pursued  in  special  proceedings  as  soon  as 
definite  decisions  are  rendered  on  said  appeals. 

ART.  29.  The  survey  of  the  estate  or  part  thereof  which  is  to  be 
occupied,  by  the  execution  of  a  work  belonging  to  each  owner,  shall 
be  made  by  experts,  in  accordance  with  the  provisions  contained  in 
articles  20  et  seq.  of  the  law  and  the  proper  articles  of  these  regulations. 

The  appointment  of  experts  pertains  to  the  persons  interested,  and, 
as  representatives  of  the  administration,  the  governors,  and  by  their 
express  delegation,  when  they  deem  it  indispensable,  the  engineers, 
architects,  or  other  professional  persons  in  charge  of  the  direction, 
inspection,  or  surveillance  of  the  works,  are  understood  to  be  author- 
ized to  make  said  appointments  when  State,  provincial,  or  municipal 
works  are  in  question,  and  the  concessionaire  or  the  person  duly 
authorized  by  him  in  case  of  works  by  concession. 

ART.  30.  The  experts  appointed  by  the  parties  must  include  in  their 
statements  upon  each  estate,  first,  the  area  to  be  occupied  by  the  work, 
for  which  purpose  they  shall  make  the  proper  measurements  on  the 
ground  conforming  to  the  description  of  the  ground  plan,  in  which 
they  shall  not  be  permitted  to  introduce  changes  whatsoever.  The 


30 

measurements  must  be  made  in  ever?-  case  under  the  immediate  direc- 
tion of  the  representative  of  the  administration  or  of  the  assistant  or 
•  subordinate  whom  the  former  may  delegate  for  the  purpose  under  his 
own  liability.  In  the  case  of  a  concession,  the  direction  of  this  work 
pertains  to  the  concessionaire  or  to  the  person  authorized  properly  by 
the  same;  second,  the  location,  character,  kind  of  land,  total  area,  and 
boundaries  of  the  estate,  giving  explanations  as  to  the  products  thereof 
and  the  other  circumstances  which  are  to  be  taken  into  consideration 
to  appraise  the  value  of  the  same;  third,  the  income  from  rents  accord- 
ing to  existing  contracts,  the  tax  paid  on  the  estate,  the  taxable  value 
represented,  and  the  amount  of  the  tax  pertaining  thereto  according 
to  the  last  tax  lists,  and  fourth,  the  manner  in  which  the  expropriation 
affects  the  estate,  there  being  stated,  if  not  entirely  occupied,  how  it 
is  divided  by  the  work  and  indicating  the  form  and  area  of  the  parts 
which  are  not  to  be  occupied. 

ART.  31.  To  the  information  mentioned  in  the  foregoing  article  shall 
be  attached  plans  representing  the  different  peculiarities  and  circum- 
stances of  the  occupation  of  the  estate.  These  plans  shall  be  drafted 
b}T  the  experts  on  the  scales  indicated  in  the  third  paragraph  of  article 
23  of  the  law.  Nevertheless,  when  the  area  of  the  estate  is  very 
large  in  relation  to  the  part  of  the  same  occupied  with  the  works, 
this  formality  may  be  waived  in  so  far  as  the  part  not  occupied  is  con- 
cerned, in  which  case  the  experts  must  make  in  their  statements  the 
proper  descriptions  to  supply  the  absence  of  the  plans.  When  in  the 
judgment  of  the  experts,  and  all  of  them  consenting,  they  should  agree, 
nevertheless,  to  represent  the  part  not  occupied,  notwithstanding  the 
area  thereof,  the  proper  plan  may  be  made,  although  on  a  scale  smaller 
than  that  fixed  by  law,  in  order  that  the  size  of  the  plans  ma}^  not  be 
out  of  proportion.  If  the  expert  of  the  owner,  against  the  judgment 
of  that  of  the  administration,  should  consider  it  advisable  to  make 
a  plan  of  the  unoccupied  part  of  the  estate,  he  may  do  so;  but  it  shall 
be  understood  that  the  expense  incurred  thereby  shall  be  for  the 
account  and  risk  of  the  said  expert  or  the  person  interested  whom  he 
represents. 

In  any  case  the  part  to  be  occupied  must  necessarily  be  included  in 
plans  on  the  scale  prescribed  by  law,  stating  accurately  all  the  dimen- 
sions in  order  to  give  a  clear  idea  of  the  area  of  the  estate  or  the  part 
thereof  to  be  expropriated. 

ART.  32.  The  experts  appointed  by  the  administration  as  well  as  by 
the  persons  interested  to  perform  the  work  mentioned  in  the  two  pre- 
ceding articles,  must  possess  the  conditions  and  qualifications  required 
by  article  21  of  the  law.  Consequently,  in  order  to  be  appointed  an 
expert,  it  is  necessary  to  possess  a  diploma  in  one  of  the  following 
professions:  With  regard  to  rural  property;  engineer  of  roads,  canals, 
and  ports;  engineer  of  forests;  agricultural  engineer,  architect,  assist- 


31 

ant  of  public  works,  agricultural  expert,  master  of  works,  surveyor, 
director  of  roads.  With  regard  to  urban  property,  when  the  build- 
ings are  not  of  a  public  character:  architect,  engineer  of  roads,  canals, 
and  ports,  Industrial  engineer,  master  of  works,  assistant  of  public 
works.  With  regard  to  urban  property  which  has  a  public  character 
only  such  persons  can  perform  the  work  having  the  titles  of  architect, 
engineer  of  roads,  canals,  and  ports,  or  industrial  engineer.  In  case 
that  it  is  desired  to  expropriate  an  entire  or  part  of  a  mining  property, 
onlv  mining  engineers  can  act.  When  it  is  intended  to  expropriate  an 
estate  of  a  mixed  character  a  mixed  commission  must  be  appointed  to 
appraise  it.1 

ART.  33.  For  the  appointment  of  experts  by  the  parties  interested 
and  by  the  representatives  of  the  administration  the  rules  prescribed 
in  article  20  of  the  law  shall  be  observed — it  being  taken  into  consid- 
eration that,  according  to  the  provisions  of  the  second  paragraph  of 
article  21,  it  is  presumed  that  every  owner  who  should  not  make  the 
appointment  of  an  expert  within  the  period  of  eight  days  after  being 
notified  of  the  appointment  of  an  expert  by  the  representative  of  the 
administration  or  by  the  concessionaire,  in  a  proper  case,  agrees  to  said 
appointment;  as  well  as  he  who  shall  appoint  an  expert  in  contravention 
of  the  provisions  of  the  said  article  20,  and  he  who  shall  appoint  a  per- 
son not  possessing  the  requisites  of  the  preceding  article  of  these 
regulations. 

ART.  3-1.  The  mayor  of  each  municipal  district  shall  inform  the  gov- 
ernor of  the  province  of  the  appointment  made  by  the  respective 
owners. 

The  governor  shall  examine  the  statements  received  from  the  may- 
ors, and  after  assuring  himself  as  to  whether  the  experts  appointed 
possess  the  qualifications  prescribed  by  law,  he  shall  forward  them  to 
the  representative  of  the  administration  or  to  the  concessionaire  of  the 
work. 

The  governor,  in  sending  these  statements,  shall  state  which  are  the 
experts  of  the  parties  whose  appointment  is  to  be  accepted,  and  which 
are  to  be  eliminated  on  account  of  not  possessing  the  legal  qualifica- 
tions, as  well  as  the  estates  whose  owners  may  not  have  appointed 
an  expert  within  the  period  fixed;  all  for  the  purpose  that  in  the  pro- 
ceedings relating  to  the  estates  included  in  any  of  these  cases,  the 
expert  designated  by  the  administration  may  act  in  the  name  of  both 
parties. 

ART.  35.  After  the  experts  who  are  to  execute  the  operations  relat- 
ing to  the  estates  to  be  expropriated  have  been  appointed  in  accord- 
ance with  the  provisions  contained  in  the  preceding  articles,  the  repre- 
sentative of  the  administration  or  concessionaire  of  the  work  shall  order 

1  This  article  is  inserted  as  amended  by  the  Royal  Decree  of  July  4,  1881. 


32 

that  said  work  be  done  in  accordance  with  the  provisions  of  article  22 
of  the  law,  there  being  drafted  for  each  estate  a  statement  containing 
the  information  mentioned  in  article  30  of  these  regulations. 

If  on  the  day  set  for  a  survey  of  the  estate  the  expert  of  its  owner 
should  not  appear  to  perform  the  work,  said  .work  shall  be  done  by  the 
expert  of  the  administration,  it  being  understood  that  the  owner  is 
obliged  to  agree  to  what  said  expert  may  decide.  A  case  of  sickness 
is  excepted,  when  the  person  interested  will  be  allowed  five  days  to 
make  the  appointment  of  another  expert  without  admitting  any  exten- 
sions or  objections. 

ART.  36.  The  representative  of  the  administration  or  concessionaire 
in  a  proper  case,  shall  collect  by  municipal  districts  all  the  declara- 
tions corresponding  to  each  work  or  branch  thereof,  and  shall  make  a 
detailed  and  correlative  report  of  the  estates  to  be  expropriated,  stat- 
ing for  each  one  the  circumstances  which  appear  in  the  respective 
declarations.  This  statement  shall  be  signed  by  all  the  experts  who 
may  have  taken  part  in  the  declarations. 

'The  right  is  reserved  to  the  experts  to  attach  to  the  report  men- 
tioned in  the  foregoing  paragraph  the  remarks  which  they  may  con- 
sider advisable  to  support  the  rights  of  their  principals,  which  remarks 
must  always  be  communicated  to  them  in  order  to  give  a  clear  idea  of 
the  bases  therefor. 

In  the  same  manner  the  expert  of  any  individual  may  indicate  in 
these  remarks  whether  in  case  of  the  nonoccupation  with  the  works 
of  the  entire  estate  of  his  principal,  it  would  suit  him  to  alienate  the 
entire  estate  or  retain  the  part  not  to  be  occupied,  giving  the  reasons 
for  his  opinion  in  the  first  case. 

The  remarks  referred  to  in  the  foregoing  paragraphs  shall  be 
attached  to  the  report  mentioned  in  the  first  paragraph  of  this  article. 

ART.  37.  The  representative  of  the  administration  or  the  conces- 
sionaire of  the  work  shall  forward  to  the  governor  of  the  province  the 
statements  mentioned  in  the  foregoing  article,  making  a  full  report 
thereon  as  well  as  upon  the  remarks  of  the  experts  and  their  conduct. 

To  each  statement  shall  be  attached  the  account  of  the  costs  of  all 
kinds  of  the  operations,  including  the  fees  of  the  experts,  for  the 
purposes  of  the  provisions  of  the  first  paragraph  of  article  25  of  the 
law.  The  expenses  referred  to  in  the  second  paragraph  of  article  31 
of  these  regulations,  however,  are  excepted. 

The  governor,  within  a  period  of  fifteen  days,  shall  decide,  in  view 
of  the  reports  of  the  representative  of  the  administration  referred  to 
in  the  first  paragraph,  upon  all  doubtful  or  undetermined  cases  which 
may  occur  in  the  proceedings. 

Said  authority  shall  likewise  decide  as  to  the  total  occupation  of  an 
estate,  when  only  a  portion  thereof  may  be  necessary  for  the  works, 
taking  into  consideration  what  maybe  most  convenient  for  the  admin- 


istration  or  of  the  concessionaires,  in  a  proper  case,  the  statement 
upon  this  point  of  the  expert  of  the  person  interested  and  the  report 
thereon  of  the  representative  of  the  administration  or  concessionaire. 

ART.  38.  The  orders  of  the  governor  mentioned  in  the  third  para- 
graph of  the  foregoing  article  shall  be  communicated  to  the  parties, 
the  private  individuals  and  the  concessionaires  of  the  works  who  con- 
sider themselves  prejudiced  being  permitted  to  appeal  therefrom 
within  a  period  of  fifteen  days  from  the  date  of  the  service  of  notice, 
to  the  Government,  which  shall  decide  definitely  and  without  further 
appeal  through  the  Minister  of  the  service  to  which  the  work  belongs. 

ART.  39.  The  following  rules  shall  be  observed  for  the  notifications 
to  which  the  various  articles  of  this  chapter  refer. 

When  the  persons  interested  should  reside  in  towns  in  the  munici- 
pal districts  within  which  the  estates  are  situate,  a  notification  served 
upon  them,  or  by  a  writ  left  at  their  residence  by  the  secretary  of 
the  municipal  council  before  two  witnesses,  shall  be  considered  valid. 
If  there  should  be  no  one  in  the  residence  of  some  interested  person 
to  receive  the  writ,  legal  requisites  shall  be  complied  with  by  its 
deliveiy  to  the  syndic  of  the  municipal  council,  the  proceeding  being 
published  by  an  edict  which  shall  be  posted  at  the  customary  places 
in  the  locality. 

With  regard  to  absent  or  transient  owners,  said  proceedings  shall 
be  conducted  with  their  administrators,  attorneys  in  fact,  or  repre- 
sentatives duly  authorized. 

If  one  or  more  should  not  have  attorneys  or  administrators  in  the 
town  in  which  the  estates  are  situate,  they  shall  be  called  upon  by 
edicts  to  designate  them,  said  edicts  being  published  in  the  official 
newspapers  and  a  period  being  fixed  for  the  appointment,  which  shall 
not  be  less  than  eight  nor  more  than  twenty  days,  it  being  understood 
that  should  the  appointment  not  be  made  before  the  expiration  of  the 
period,  any  notification  addressed  to  the  syndic  of  the  ayuntamiento 
shall  be  considered  valid. 

CHAPTER  III. — APPRAISAL  OF  ESTATES  SUBJECT  TO  FORCIBLE  EXPRO- 
PRIATION. 

ART.  40.  After  the  area  and  other  conditions  of  the  estate  or  part 
thereof  which  is  to  be  expropriated  has  been  exactly  determined  accord- 
ing to  the  procedure  prescribed  in  the  foregoing  chapter,  its  appraisal 
shall  be  proceeded  with  in  accordance  with  the  provisions  of  articles 
i!0  et  seq.  of  these  regulations. 

ART.  4:1.  The  expert  of  the  administration,  or  of  the  concessionaire 
in  a  proper  case,  shall  prepare  for  each  estate  or  part  thereof  which  is  to 
be  definitely  occupied  a  statement  of  valuation  in  which  he  shall  state 
the  price  which  in  his  opinion  should  be  offered  the  person  interested 

.17021—01 3 


34 

for  the  acquisition  of  the  real  property  and  for  the  losses  and  damages 
caused  by  the  occupation,  it  being  understood  that  the  owner  is  free 
from  expenses  of  any  kind  whatsoever. 

In  the  statement  of  valuation  the  expert  signing  the  same  must  state 
the  reasons  upon  which  he  bases  his  offer,  taking  into  consideration 
all  the  circumstances  contained  in  the  declaration  of  the  experts  and 
other  information  mentioned  in  articles  30,  31,  and  36  of  these  regula- 
tions, as  well  as  the  damages  which  may  be  caused  or  the  benefits 
which  may  accrue  to  the  part  of  the  estate  not  occupied  by  reason  of 
the  expropriation. 

ART.  42.  The  representative  of  thef  administration  or  concessionaire, 
as  soon  as  he  receives  the  statements  of  valuation  prepared  by  the 
expert,  shall  forward  the  same  to  the  governor  in  order  that  through 
this  authority  they  may  be  delivered  to  the  respective  persons  inter- 
ested, of  whom  a  receipt  shall  be  demanded,  upon  which  they  shall 
state  over  their  signatures  on  what  date  these  documents  were  delivered 
to  them. 

If  within  three  days  the  person  interested  should  not  be  found,  the 
statement  of  valuation  shall  be  inserted  in  the  edicts  which  shall  be 
published  in  the  official  newspapers  and  posted  in  the  customary  places 
for  the  period  mentioned  in  article  39. 

The  governor  shall  in  the  same  manner  inform  each  land  owner  of 
his  obligation  to  answer  within  the  period  of  fifteen  days,  counted 
from  said  date,  accepting  or  refusing  clearly  and  fully  the  offer  made 
him,  as  well  as  of  his  obligation  to  present  in  the  latter  case  and  within 
the  same  period  the  statement  of  valuation  mentioned  in  the  second 
paragraph  of  article  27  of  the  law. 

ART.  43.  In  case  of  the  acceptance  of  the  owner,  the  latter  is  obliged 
to  vacate  the  estate  or  part  of  the  estate  mentioned  in  the  statement  of 
valuation,  without  at  any  time  being  allowed  to  interpose  any  objec- 
tion, at  such  time  as  the  administration  or  the  person  acting  in  its 
stead  may  consider  necessary  or  convenient  for  the  execution  of  the 
works,  after  the  payment  in  every  case  to  the  person  interested  of  the 
amount  fixed  in  the  aforementioned  statement. 

If  the  owner  should  not  answer  within  the  period  fixed,  it  shall  be 
presumed  that  he  accepts  the  amount  offered,  and  the  administration, 
or  the  person  acting  in  its  stead,  shall  have  the  right  to  occupy  the 
estate  in  the  manner  mentioned  in  the  foregoing  paragraph. 

In  either  case  the  period  for  the  delivery  of  the  price  referred  to 
cannot  exceed  six  months,  the  owner  being  permitted  to  dispose  of  his 
estate  if  upon  the  expiration  of  this  period  the  amount  of  the  valua- 
tion should  not  be  delivered  to  him. 

ART.  44.  When  the  owner  refuses  the  offer  of  the  administration, 
he  shall  be  obliged  to  present  to  the  governor,  within  the  precise 
period  of  fifteen  da}7s  to  which  article  27  of  the  law  refers  as  well  as 
article  42  of  these  regulations,  the  statement  of  the  valuation  of  the 


35 

estate  subscribed  by  his  expert,  in  which  the  reasons  which  served  as 
a  basis  for  the  valuation  shall  be  stated,  taking  into  consideration  all 
the  circumstances  which  are  mentioned  in  detail  in  the  first  paragraph 
of  article  28  of  the  said  law.  The  governor  shall  forward  these  state- 
ments to  the  administration  or  in  a  proper  case  to  the  concessionaire. 

At  the  same  time  the  expert  of  the  administration  shall  prepare  for 
the  same  estate  another  similar  statement  as  soon  as  he  shall  have  been 
notified  by  the  governor  of  the  refusal  of  the  owner.  These  state- 
ments shall  be  delivered  directly  by  the  expert  to  the  representative 
of  the  administration,  or  to  the  person  acting  in  his  name. 

The  fees  earned  by  the  experts  in  these  valuations,  as  well  as  the 
cost  of  the  stamped  paper  on  which  the  statements  are  to  be  drafted, 
must  be  paid  respectively  by  each  of  the  persons  interested. 

ART.  45.  The  valuation  mentioned  in  the  foregoing  article  shall  be 
prepared,  with  regard  to  their  form,  in  accordance  with  the  forms 
which  will  be  published  at  the  proper  time,  together  with  the  regula- 
tions, and  care  shall  be  taken  to  add  thereto  the  3  per  cent  prescribed 
by  article  36  of  the  law. 

ART.  46.  After  the  statements  of  valuation  referred  to  in  the  fore- 
going article  have  been  collected  by  the  representative  of  the  adminis- 
tration or  by  the  person  acting  in  his  stead,  said  representative  shall 
examine  and  ascertain  whether  they  are  irregular  or  whether  there 
exist  any  statements  which  do  not  conform  with  the  statements  con- 
tained in  other  documents  previously  formulated.  Afterwards  he 
shall  forward  them  to  the  governor  with  his  report  and  reasons  upon 
said  points,  indicating  whether  the  experts  have  incurred  any  liability, 
and  mentioning  furthermore  the  estates  with  regard  to  which  the  total 
amounts  of  the  valuations  of  both  experts  agree  and  the  estates  with 
respect  to  which  this  conformity  does  not  exist. 

ART.  47.  If  the  total  amount  fixed  for  the  purpose  of  exprppriation 
by  each  one  of  the  experts  should  be  the  same,  the  value  of  the  estate 
shall  be  considered  as  fixed  at  said  amount,  as  prescribed  by  the  third 
paragraph  of  article  28  of  the  law,  and  in  such  case  the  administration 
or  the  person  acting  in  its  stead  shall  consider  itself  authorized  to 
occupy  it,  as  in  the  second  paragraph  of  article  26  of  the  said  law  and 
article  43  of  these  regulations;  should  the  appraisals  not  be  the  same 
the  governor  shall  order  that  the  respective  experts  meet  to  see  if 
they  can  agree  upon  the  appraisal,  which  must  take  place  within  a 
period  of  eight  days,  prescribed  in  the  fourth  paragraph  of  the  said 
article  of  the  law. 

If  an  agreement  is  reached,  the  valuation  of  the  estate  shall  be  fixed 
in  accordance  therewith,  and  each  expert  must  give  immediate  notice 
thereof  to  the  person  he  represents.  The  administration  or  the  per- 
son acting  in  its  stead  may  also  in  such  case  occupy  the  estate  whenever 
deemed  proper  after  the  payment  of  the  amount  fixed  in  the  valuation. 


36 

ART.  48.  In  case  of  disagreement  of  the  experts,  the  latter,  in  com- 
munications signed  by  both,  and  within  the  period  of  eight  days,  which 
is  fixed  in  the  fourth  paragraph  of  article  28  of  the  law,  shall  give 
notice  thereof  to  their  principals.  In  such  case,  and  when  the  experts 
do  not  make  any  statements,  upon  the  expiration  of  said  period, 
whether  the  meeting  mentioned  in  the  foregoing  article  has  or  has  not 
been  held  for  any  reason  whatsoever,  the  representative  of  the  admin- 
istration shall  give  notice  of  the  fact  to  the  governor,  in  order  that  the 
proceedings  may  be  continued  in  accordance  with  the  provisions  of 
articles  30  et  seq.  of  the  law. 

Nevertheless,  according  to  the  provisions  of  the  first  paragraph  of 
article  29  of  the  said  law,  the  administration  or  the  person  acting  in 
its  stead  may  occupy  the  estate  whenever  it  deems  it  proper  after  the 
deposit  of  the  amount  fixed  in  the  appraisal  made  by  the  expert  of  the 
owner,  which  deposit  shall  be  made  with  the  formalities  established 
in  the  laws  in  force  and  after  the  proper  prescriptions  which  the  gov- 
ernor may  issue  for  the  purpose. 

The  owner  shall  be  entitled  to  interest  at  the  rate  of  4  per  cent  per 
annum  upon  the  amount  deposited  for  the  time  intervening  between 
the  date  of  the  occupation  until  he  receives  the  amount  finally  fixed 
as  the  value  for  the  expropriation. 

ART.  49.  As  soon  as  the  governor  is  aware,  in  the  manner  stated  in 
the  foregoing  article,  of  the  disagreement  of  the  experts,  said  author- 
ity shall  inform  the  judge  of  first  instance  of  the  district  to  which  the 
property  belongs  of  said  disagreement,  and  he  shall  appoint  a  third 
expert,  in  accordance  with  the  provisions  of  articles  30  and  31  of  the 
law,  and  the  prescriptions  of  the  law  of  civil  procedure. 

The  third  expert  must  possess  the  qualifications  which,  according  to 
the  kind  of  estates  to  be  appraised,  are  prescribed  by  article  32  of  these 
regulations,  and  no  objection  whatsoever  shall  be  allowed  or  admitted 
with  regard  to  his  appointment. 

ART.  50.  The  governor  of  the  province  shall  collect  while  the  judge 
is  making  the  appointment  of  the  third  expert,  the  data  mentioned  in 
article  32  of  the  law,  and  any  other  data  which  he  may  deem  proper, 
applying  for  the  purpose  of  obtaining  the  same  to  the  owners  of  the 
estates,  to  the  offices  of  the  public  treasury,  to  the  register  of  prop- 
erty, and  in  general  to  all  official  bureaus  which  can  furnish  the  same. 

ART.  51.  The  third  expert  shall  discharge  his  duties  strictly  in 
accordance  with  the  provisions  of  article  33  of  the  law,  and  taking 
into  consideration  all  the  data  mentioned  in  the  foregoing  article,  for 
which  purpose  the  governor  must  deliver  them  as  soon  as  collected. 

ART.  52.  The  record  of  proceedings  referred  to  in  articles  33  and  34 
of  the  law  shall  be  composed  for  each  of  the  estates  with  regard  to 
which  there  may  have  been  a  disagreement  in  the  valuation: 

1.  Of  the  declarations  of  the  experts  which  contain  the  data  men- 


37 

tioned  in  articles  30  and  31  of  these  regulations,  as  well  as  the  state- 
ments referred  to  in  article  36,  with  the  remarks  which  may  have 
been  made  by  the  experts  and  the  reports  thereon  by  the  representa- 
tive of  the  administration,  in  accordance  with  the  provisions  of 
article  37. 

2.  Of  the  offer  which  may  have  been  made  to  the  owner  for  the 
acquisition   of   his  estate,    according  to   the  statement  of   valuation 
prepared  by  the  expert  of  the  administration,  in  accordance  with  the 
provisions  of  article  41  of  these  regulations. 

3.  Of  the  statements  of  valuation  prepared  by  the  experts  of  the 
parties,  in  accordance  with  the  provisions  of  articles  44  and  45,  in  view 
of  the  refusal  of  the  owner  to  accept  the  offer  made  by  the  adminis- 
tration. 

4.  Of  the  data  mentioned  in  article  32  of  the  law  and  the  statement 
of  valuation  prepared  in  view  thereof  by  the  third  expert. 

5.  Of  all  other  data,  notices,  and  documents  which  said  authority 
may  deem  proper  to  mention  for  a  better  understanding  of  the  matter. 

ART.  53.  The  governor,  taking  into  consideration  what  may  appear 
from  the  proceedings,  after  summarily  hearing  the  persons  interested 
if  he  deems  it  necessary,  and  especially  the  permanent  commission  of 
the  provincial  deputation,  shall  determine,  within  the  period  and  in  the 
manner  prescribed  in  article  34  of  the  law,  the  amount  to  be  paid  the 
owner  in  case  of  disagreement  in  the  valuation  of  the  estate. 

The  decision  of  the  governor  must  state  the  reasons  therefor,  and 
shall  contain  a  clear  and  precise  statement  of  what  appears  from  the 
proceedings,  and  of  the  reasons  and  foundations  which  serve  as  a  basis 
for  the  valuation. 

This  decision  shall  be  communicated  to  the  owner  and  to  the  repre- 
sentative of  the  administration  or  concessionaire. 

ART.  54.  The  persons  interested,  within  the  period  of  ten  days, 
counted  from  the  date  of  the  notification  of  the  resolution  of  the  gov- 
ernor, must  answer,  stating  whether  they  accept  the  decision  or  not. 

In  the  former  case,  the  decision  accepted  by  the  parties  shall  be 
final,  and  shall  be  published  in  the  official  bulletin  of  the  province,  as 
prescribed  by  article  35  of  the  law. 

In  the  latter  case,  the  owner  may  make  use  of  the  right  of  appeal 
by  administrative  channels  to  the  minister  of  the  service  to  which  the 
work  pertains,  within  the  period  of  thirty  days  granted  him  by  the 
first  paragraph  of  the  said  article  35.  On  his  part,  the  representative 
of  the  administration  or  concessionaire  in  a  proper  case,  may  also 
apply  to  the  minister  within  a  similar  period,  requesting  the  review 
of  the  decision  of  the  governor. 

If  any  of  the  parties  should  permit  the  period  fixed  to  expire  without 
making  use  of  his  rights,  it  shall  be  understood  that  he  accepts  the 
decision  rendered  by  the  said  authority. 


38 

ART.  55.  The  governor,  represented  by  the  proper  minister,  shall 
decide  upon  the  appeals  mentioned  in  the  foregoing  article  within  the 
period  of  thirty  days  and  the  royal  order  issued  shall  close  the  admin- 
istrative proceedings. 

Said  royal  order  shall  be  communicated  to  the  parties,  and,  if  they 
should  accept  it,  it  shall  become  final  and  shall  be  published  in  the 
official  bulletin  of  the  province. 

ART.  56.  An  administrative  appeal  lies  from  the  decision  of  the 
Government  within  the  period  and  for  the  causes  mentioned  in  the 
last  paragraph  of  article  35  of  the  law. 

The  claims  made  in  the  latter  case  by  the  appellants  must  determine 
exactly  the  amount  which  is  considered  a  just"  price  for  the  estate  to 
be  expropriated,  and  which  constitutes  therefor  the  lesion  the  curing 
of  which  is  requested. 

The  decision  of  the  contentions  court  (tribunal  contencioso)  rendered 
in  accordance  with  the  laws  which  are  in  force  on  the  matter,  puts 
an  end  to  the  appraisal  proceedings;  and  after  being  published  in 
the  Gaceta  de  Madrid  and  in  the  official  bulletin  of  the  province  it 
is  binding  upon  the  persons  interested. 

ART.  57.  The  notices  which  in  all  the  cases  referred  to  in  the  vari- 
ous articles  of  this  chapter  should  have  to  be  served  upon  the  owners 
of  the  estates,  upon  their  experts,  and  upon  the  concessionaires  of  the 
work  in  a  proper  case,  shall  be  made  in  accordance  with  rules  similar 
to  those  prescribed  in  article  39  with  regard  to  proceedings  as  to  the 
necessity  of  the  occupation  of  the  estates  mentioned. 

ART.  58.  The  course  of  the  general  proceedings  in  each  district 
shall  never  be  suspended  by  the  objections  which  may  be  made  by  the 
owner  of  an  estate,  or  the  concessionaire  of  the  works,  in  cases  in 
which  he  makes  use  of  the  right  of  appeal  granted  him  from  admin- 
istrative decisions  in  various  articles  of  this  chapter,  and,  therefore^ 
the  proceedings  relating  to  the  estates  of  the  other  persons  interested 
shall  follow  their  ordinary  course,  without  prejudice  to  the  separate 
proceeding  relating  to  the  estate  of  the  appellant  when  the  proper 
decision  may  have  been  rendered  upon  his  objection. 

CHAPTER  IV. — PAYMENT  AND  TAKING  OF  POSSESSION  OF  EXPROPRI- 
ATED ESTATES. 

ART.  59.  After  the  proceedings  relating  to  the  valuation  of  estates 
which  are  to  be  expropriated  for  the  execution  of  a  work  under  the 
charge  of  the  State  have  been  closed,  according  to  the  rules  prescribed 
in  the  foregoing  chapter,  the  governor  of  the  province  shall  forward 
the  valuation  proceedings  to  the  proper  department. 

The  minister  shall  take  the  proper  steps  in  order  that  the  proper 
"Ordenacion  de  Pagos"  may  issue  the  respective  warrant  for  the 
payment  of  the  sum  to  which  the  expropriation  amounts  of  the  estates 


39 

included  within  the  municipal  district  to  which  the  proceedings  relate, 
with  the  exception  of  those  the  amount  of  which  may  have  been  paid 
on  account  of  the  urgency  of  the  occupation,  either  with  the  agree- 
ment of  the  persons  interested  in  the  cases  mentioned  in  articles  43 
and  47  of  these  regulations,  or  by  the  deposit  referred  to  in  article 
48  on  account  of  this  consent  not  having  been  given, 

ART.  60.  In  the  issue  of  the  warrants  mentioned  in  the  foregoing 
article,  the  rules  established  in  the  general  accounting  law  and  in  the 
regulations  and  instructions  issued  for  the  execution  thereof  shall  be 
observed. 

ART.  61.  After  the  warrant  for  the  payment  of  the  expropriations 
in  a  municipal  district  have  been  received  by  the  province,  and  after 
having  been  collected  by  the  disbursing  officer  in  whose  favor  it  was 
drawn,  the  governor  shall  fix  a  day  on  which  the  payment  is  to  be 
made,  which  shall  be  announced  in  the  official  newspaper  of  the 
province  a  sufficient  period  in  advance,  notice  in  advance  being  also 
given  to  the  mayor  of  the  corresponding  district,  to  whom  the  list  of 
persons  interested  shall  be  sent. 

The  mayor  shall  address  these  persons  interested  individually, 
informing  them  of  the  day,  hour,  and  place  which  may  have  been  set 
for  the  payment. 

ART.  62.  Upon  the  day  and  hour  and  at  the  place  designated  the 
mayor,  the  representative  of  the  administration,  or  the  delegate  author- 
ized for  the  purpose  by  the  said  administration,  the  paymaster,  the 
secretary  of  the  ayuntamiento,  and  the  persons  interested  who  may 
have  answered  the  call  shall  meet,  and  the  payment  of  the  amounts 
stated  in  the  proceedings  shall  be  proceeded  with  in  the  order  in  which 
said  interested  persons  appear  in  the  list  transmitted  by  the  governor. 

The  payment  shall  be  made  in  coin  and  to  the  persons  who  may  be 
the  recognized  owners  of  the  expropriated  estates  according  to  the 
provisions  of  articles  5  and  6  of  the  law,  no  other  persons  being  per- 
mitted to  appear  on  behalf  of  the  persons  interested  unless  they  possess 
a  duly  authorized  power  of  attorney,  either  general  or  express  for  this 
case. 

The  mayor  shall  authenticate  with  the  seal  of  his  office  the  signatures 
of  those  who  receipt  the  respective  valuation  statements,  and  shall 
enforce  a  strict  observance  of  all  the  provisions  of  article  38  of  the  law. 

ART.  63.  None  of  the  persons  interested  shall  be  permitted  to  make 
any  objections  or  remarks  upon  signing  the  receipt  for  the  amount  which 
may  be  due  them.  This  receipt,  therefore,  must  appear  full  and  clear 
upon  the  respective  statement.  If  some  private  individual  should  have 
any  statement  to  make,  the  payment  of  his  expropriation  shall  be  sus- 
pended, there  being  reserved  to  him  the  right  to  make  such  objection 
to  the  governor  as  he  may  consider  proper. 

ART.  64.  Doubts  which  may  arise  at  the  time  of  payment  with  regard 


40 

to  any  of  the  incidents  thereof  shall  be  decided  by  the  mayor  after 
hearing  the  representative  of  the  administration,  and  reserving  to  those 
who  consider  themselves  injured  by  the  decisions  of  said  authorities 
the  right  to  appeal  from  the  same  to  the  governor  of  the  province. 

ART.  65.  After  the  payment,  the  secretary-  of  the  a^yuntamiento 
shall  prepare  a  memorandum  of  all  the  incidents  which  may  have 
taken  place,  as  well  as  of  all  the  circumstances  mentioned  in  article  39 
of  the  law,  by  virtue  of  which  payment  for  one  or  more  of  the  estates 
included  in  the  proceedings  may  not  have  been  made. 

The  memorandum  shall  be  signed  b}^  the  mayor,  the  representative 
of  the  administration,  the  disbursing  officer  and  the  secretary  of  the 
ayuntamiento,  and  shall  be  forwarded  by  the  former  to  the  governor 
with  the  proceedings  which  rna}^  have  served  as  a  basis  for  the  pay- 
ment. The  representative  of  the  administration  shall  forward  at  the 
same  time  to  the  said  governor  the  copy  of  all  the  valuation  state- 
ments mentioned  in  article  41  of  the  law  for  the  purposes  prescribed 
therein. 

The  copies  of  the  statements  referred  to  in  the  foregoing  paragraph, 
after  being  authenticated  by  the  governor,  shall  be  considered  as 
authentic  documents  for  the  purposes  of  their  inscription  in  the  reg- 
ister of  property,  according  to  the  provisions  of  article  8  of  the 
mortgage  law,  and  the  registers  shall  have,  therefore,  the  duty  to 
record  them,  even  though  no  public  instrument  should  have  been 
executed  for  the  corresponding  transfers. 

ART.  66.  The  disbursing  officer  shall  take  charge  of  the  amounts 
which  remain  without  application  for  the  reasons  mentioned  in  article 
39  of  the  law,  and  he  shall  cover  them  within  the  period  of  eight  days 
after  the  payment  into  the  treasury  of  the  economic  administration  of 
the  proper  province,  receiving  the  proper  deposit  receipt  therefor. 

Said  amounts  shall  remain  at  the  disposal  of  the  governor  in  order 
that  they  may  be  delivered  to  the  respective  persons  interested  as  the 
questions  which  caused  their  deposit  are  decided. 

ART.  67.  When,  by  virtue  of  the  provisions  of  articles  43  and  47  of 
these  regulations,  it  should  be  advisable  for  the  administration  to 
occupy  an  estate  before  the  conclusion  of  the  expropriation  proceed- 
ings, when  the  amount  of  the  indemnity  to  be  paid  has  already  been 
determined,  the  governor,  at  the  instance  of  the  director  or  person  in 
charge  of  the  inspection  of  the  works,  shall  address  the  minister  of 
the  proper  service  requesting  that  a  warrant  be  issued  for  the  cor- 
responding amount. 

This  warrant  shall  be  drawn  in  favor  of  the  disbursing  officer,  who, 
after  collecting  the  amount  thereof,  shall  deliver  without  delay  the 
sum  to  the  respective  owner,  taking  a  receipt  from  the  latter,  which 
shall  appear  on  the  statement  of  valuation  pertaining  thereto. 

The  disbursing  officer  may  indorse  the  warrant  in  favor  of  the 
owner,  observing  the  same  formalities  with  regard  to  the  receipt. 


41 

If  the  occupation  of  an  estate  should  be  advisable  without  the 
amount  of  the  expropriation  having  been  determined  in  a  definite 
manner,  according  to  the  provisions  of  article  48  of  these  regulations, 
the  governor  shall  inform  the  minister,  in  order  that  the  proper  war- 
rant may  be  issued  for  the  amount  which  may  appear  in  the  valuation 
of  the  expert  of  the  owner,  or,  in  his  absence,  the  expert  of  the 
administration. 

In  the  latter  case  the  said  warrant  shall  be  drawn  in  favor  of  the 
disbursing  officer,  who,  as  soon  as  he  collects  it,  shall  deposit  the 
amount  in  the  treasury  of  the  economic  administration  of  the  province, 
in  accordance  with  the  accounting  instructions  which  are  in  force  at 
the  time  these  operations  take  place. 

ART.  68.  The  payment  of  the  expropriation  of  any  estate  which  may 
have  been  occupied,  in  view  of  the  amount  of  the  valuation  made  by 
the  expert  of  the  owner,  or  the  one  of  the  administration  in  the 
absence  of  the  former,  in  accordance  with  articles  48  and  67  of  these 
regulations,  shall  be  made  as  soon  as  a  final  decision  is  rendered  in  the 
litigation,  either  in  the  administrative  or  in  the  contentious  proceed- 
ings. The  governor  shall  then  order  the  deposit,  in  order  to  deliver 
to  the  person  interested  the  portion  which  may  pertain  to  him,  cover- 
ing the  balance,  should  there  be  any,  into  the  proper  treasury,  all 
with  the  formalities  which  are  prescribed  in  the  accounting  regula- 
tions of  the  department  to  which  the  work  pertains. 

ART.  69.  The  governor  shall  contribute  by  all  the  means  in  his 
power  to  facilitate  the  operations  mentioned  in  the  foregoing  articles, 
in  order  that  the  payment  of  the  amounts  of  the  expropriation  may 
take  place  in  the  shortest  period  possible,  and  shall  adopt  the  measures 
which  may  conduce  to  the  custody  and  safety  of  the  funds  destined  to 
the  said  payment. 

ART.  70.  After  the  payment  of  the  expropriation  has  been  made  in 
any  of  the  cases  mentioned  in  the  law  and  in  these  regulations,  or  after 
the  deposit  referred  to  in  articles  48,  67  and  68  of  the  same,  the  admin- 
istration shall  at  once  enter  into  the  possession  of  the  expropriated 
lands  or  estates,  which  act  shall  take  place  before  the  mayor  of  the 
respective  jurisdiction. 

ART.  71.  If  during  the  execution  of  the  works  the  necessity  of  occu- 
pying a  larger  area  than  that  allowed  in  the  statement  of  valuation 
should  be  recognized,  payment  shall  be  made  for  the  part  which  may 
have  been  occupied,  in  accordance  with  the  provisions  contained  in 
the  second  and  third  paragraphs  of  article  42  of  the  law. 

ART.  72.  If  the  work  which  required  the  expropriation  should  not 
be  executed,  the  governor  shall  inform  the  owner  of  the  expropriated 
estate  thereof  in  order  that,  within  the  period  fixed  in  the  second  para- 
graph of  article  43  of  the  law,  he  may  state  whether  he  wishes  to 
recover  the  estate,  returning  the  amount  which  may  have  been  paid 
for  the  same. 


42 

In  an  affirmative  case  the  return  shall  be  made  after  the  payment  of 
said  amount  in  the  treasury  of  the  economic  administration  of  the 
province. 

In  a  negative  case  or  in  case  the  period  fixed  should  expire  without 
an  answer  being  made,  the  State  may  dispose  of  the  property  as  it  may 
deem  fit. 

ART.  73.  A  similar  procedure  shall  be  observed  when  some  parcel 
should  remain  over  after  the  execution  of  the  work;  by  parcels  being 
understood  in  these  cases,  those  which  are  defined  as  such  in  article  ±4: 
of  the  law,  and  taking  into  consideration,  in  a  proper  case,  the  excep- 
tion made  in  the  second  paragraph  of  article  43. 

A  similar  procedure  shall  be  observed  when  the  estates  should 
remain  without  application  on  account  of  the  termination  of  the  object 
of  the  expropriation. 

ART.  74.  Rules  identical,  in  so  far  as  possible,  and  in  other  similar 
cases,  to  those  established  for  works  under  the  charge  of  the  State  by 
articles  61  and  73  of  these  regulations  shall  be  applied  to  the  payment 
and  the  taking  of  possession  of  the  real  property  when  works  in 
charge  of  the  deputations  or  ayuntamientos  are  in  question,  without 
prejudice  to  the  observation  of  the  proceedings  provided  for  by  the  laws 
in  force  on  provincial  and  municipal  accounting. 

ART.  75.  The  said  articles  61  and  73  are  also  applicable  to  works 
executed  by  concession,  taking  into  consideration  the  modifications 
which  it  would  be  necessary  to  introduce  on  account  of  the  conces- 
sionaire being  the  person  who  is  to  make  the  payments  and  the  one  to 
occupy  the  expropriated  estates,  subrogating  himself  to  the  adminis- 
tration in  all  the  rights  and  obligations  pertaining  to  the  same. 

ART.  76.  With  regard  to  the  notifications  which  it  might  be  neces- 
sary to  make  to  the  different  persons  interested  for  the  purpose  of 
properly  executing  the  provisions  of  this  chapter,  the  prescriptions 
of  articles  36  and  57  of  these  regulations  shall  be  observed. 

The  provisions  of  article  58  shall  also  be  taken  into  consideration 
in  order  not  to  cause  a  suspension  of  the  proceedings  in  case  of  the 
objection  of  some  owner. 

CHAPTER    V.  —  EXPROPRIATIONS     NECESSARY    FOR    THE    INTERIOR 

IMPROVEMENT    OF    LARGE    TOWNS. 

ART.  77.  The  expropriations  which  may  be  necessary  for  the 
improvement,  sanitation,  and  widening  of  streets  in  towns  having  at 
least  50,000  inhabitants,  shall  be  governed  by  the  provisions  of  section 
5,  Title  II,  of  the  law,  and  the  prescriptions  of  this  chapter  of  these 
regulations. 

ART.  78.  When  the  aj^untamiento  of  any  of  the  towns  referred  to 
in  the  foregoing  article  should  desire  to  execute  works  which  embrace 
the  three  conditions  of  improvement,  sanitation,  and  widening  of 


43 

streets  for  one  of  the  purposes  mentioned  in  article  46  of  the  law,  it 
shall  issue  orders  that  its  municipal  architect  or  the  technical  person 
to  whom  it  may  consider  proper  to  intrust  this  work  proceed  to  make 
a  study  of  the  corresponding-  project. 

ART.  79.  The  project  must  contain  the  documents  which  are  gen- 
erally required  for  all  public  works,  which  are  the  following: 

1.  An  explanatory  memorial. 

2.  Plans. 

3.  Document  of  technical  conditions. 

4.  Estimate  of  cost. 

In  the  explanatory  memorial  a  detailed  description  shall  be  made  of 
the  works  planned,  justifying  their  necessity  for  the  purpose  of  their 
construction,  as  well  as  the  necessity  for  the  occupation  of  the  estates 
which  it  would  be  requisite  to  expropriate  in  order  to  execute  the 
same. 

In  the  plans  the  streets,  squares,  and  alignment  projected  shall  be 
precisely  fixed,  specially  marking  the  lands  or  lots  which  it  would  be 
necessary  to  occupy  for  the  realization  of  the  project.  There  shall 
likewise  be  marked  on  said  plans  the  estates  which  it  would  be  neces- 
sary to  expropriate,  not  only  for  the  widening  of  streets  but  also  for 
the  formation  of  lots  regularly  laid  out  in  lateral  zones  parallel  to  said 
street  which  it  is  necessary  to  expropriate,  each  of  which  must  have 
the  width  of  the  street  planned;  but  always  within  the  maximum  limit 
prescribed  by  article  47  of  the  law,  as  also  those  which  may  be  neces- 
sary for  the  formation  of  blocks  and  which  are  subject  to  forcible 
alienation,  according  to  the  provisions  of  article  48  of  the  said  law. 

The  document  of  conditions  shall  contain  the  description  necessary 
to  give  a  complete  idea  of  the  works  and  the  prescriptions  and  requi- 
sites which  their  execution  ma}r  require. 

The  estimate  of  cost  shall  include,  properly  classified,  the  sums  which 
may  be  necessary  to  carry  out  the  work. 

With  regard  to  the  form  of  each  of  these  documents,  the  forms  pre- 
scribed by  the  department  to  which  the  civil  constructions  pertain 
shall  be  adhered  to. 

ART.  80.  The  project  must  furthermore  contain  the  establishment  of 
the  urban  public  services  over  the  entire  area  included  in  the  works,  the 
plans  for  the  fronts  and  other  details  to  which  the  new  buildings  which 
may  be  erected  on  the  lots  must  conform. 

ART.  81.  There  shall  be  attached  to  the  project  an  estimate  of  the 
sum  required,  according  to  its  author,  for  the  expropriations  which, 
may  be  considered  necessary,  and,  in  a  proper  case,  an  estimate  of  the 
amount  which  may  be  received  from  the  sale  of  the  lots  which  may 
result  on  the  expropriated  area  adjoining  the  public  road. 

ART.  82.  The  project,  prepared  in  accordance  with  the  terms  pre- 
scribed in  the  preceding  articles,  shall  be  forwarded  to  the  governor 


44 

of  the  province  in  order  that  it  may  serve  as  a  basis  for  the  proceed- 
ings on  the  declaration  of  public  utility. 

The  governor  shall  order  that  the  proper  edicts  be  inserted  in  the 
official  bulletin  and  in  the  Gaceta  de  Madrid,  announcing  that  the 
question  is  the  declaration  of  public  utility  of  the  work  to  which  the 
project  refers,  and  fixing  a  period  not  less  than  ten  days  for  the  admis- 
sion of  objections. 

ART.  83.  Upon  the  expiration  of  the  period  fixed,  the  governor 
shall  forward  with  his  own  report  the  proceedings  to  the  minister 
under  whose  charge  civil  constructions  may  be,  whose  duty  it  is  to 
make  the  declaration  of  public  utility  in  accordance  with  the  pro- 
visions of  the  second  paragraph  of  article  46  of  the  law.  This  declara- 
tion shall  be  made,  if  proper,  after  hearing  the  technical  corporations 
which  the  minister  may  deem  fit  to  consult,  and  in  important  cases  the 
council  of  state.  The  commission  of  historical  and  artistic  monu- 
ments must  also  be  heard  if  among  the  buildings  to  be  expropriated 
there  should  be  any  which  has  such  character  or  which  should  contain 
works  of  recognized  merit. 

The  declaration  must  in  every  case  be  made  by  a  royal  decree 
adopted  by  a  council  of  ministers,  the  basis  for  the  resolutions  being 
duly  explained. 

ART.  84.  After  the  declaration  of  utility  has  been  made,  a  resolution 
shall  be  adopted  as  to  the  approval  of  the  project.  This  approval 
pertains  to  the  Government,  which  shall  grant  it  in  a  proper  case, 
after  the  reports  of  the  technical  corporations  which  may  be  proper, 
b}T  means  of  a  royal  decree  countersigned  by  the  minister  of  the  service 
to  which  the  work  corresponds. 

ART.  85.  After  the  works  have  been  declared  of  public  utility,  the 
project  approved  and  its  execution  ordered,  a  ground  plan  shall  be 
made  thereof  and  the  nominal  statement  of  the  persons  interested  in 
the  expropriation  shall  be  prepared,  which  shall  be  duly  rectified  in 
order  that  the  persons  with  whom  the  administration  is  to  conduct  the 
proceedings  may  be  properly  known. 

The  provisions  contained  in  articles  19  to  22  of  these  regulations 
shall  be  observed  in  all  these  operations. 

ART.  86.  Thereafter  the  proceedings  on  the  necessity  of  the  occupa- 
tion of  the  estates  to  be  expropriated  shall  be  had.  For  this  purpose 
the  governor  shall  proceed  within  three  days  from  the  day  he  receives 
possession  of  the  corrected  statement  of  the  persons  interested  in  the 
expropriations  to  make  the  proper  announcement  and  fix  the  period 
within  which  to  object. 

The  objections  shall  be  made  to  the  mayor,  and  must  be  in  writing, 
who  shall  afterwards  forward  them  to  the  governor  who  shall  decide 
as  to  the  necessit}7  of  the  occupation,  after  a  report  from  the  author  of 
the  project,  the  ayuntamiento,  and  the  provincial  commission  of  the 
deputation. 


45 

The  declaration  of  the  governor  shall  be  communicated  to  the  respec- 
tive persons  interested,  and  an  appeal  lies  therefrom  to  the  proper 
minister,  who  shall  definitely  decide,  the  provisions  of  article  19  of 
the  law  and  articles  23,  24,  and  25  of  these  regulations  being  observed 
in  all  these  proceedings. 

The  provisions  of  article  28  shall  also  be  observed  in  order  not  to 
hinder  the  proceedings,  when  the  person  interested  in  the  expropria- 
tion of  an  estate  should  not  be  known  at  the  time  the  proceedings  are 
to  be  instituted. 

ART.  87. 1  After  the  necessity  of  the  occupation  has  been  declared 
the  parties  interested  shall  proceed  with  the  appointment  of  the 
experts  who  are  to  represent  them  in  the  surveys  and  collecting  of 
data  necessary  for  the  appraisal,  which  appointment  can  be  given  only 
to  such  persons  as  possess  a  title  of  architect,  engineer  of  roads, 
canals,  and  ports,  or  industrial  engineer,  or,  otherwise,  a  builder  or 
assistant  builder.  When  the  estate  is  of  a  mixed  character  it  must  be 
appraised  by  a  mixed  commission. 

The  experts  shall  survey  the  estates  which  are  to  be  occupied  and 
shall  state  in  their  declarations  all  the  circumstances  of  the  estate,  in 
accordance  with  the  provisions  of  article  30  of  these  regulations.  lu 
such  cases  plans  shall  be  made  of  said  estates  upon  a  scale  of  1  to  100, 
or  upon  a  larger  scale  when  considered  necessary  for  greater  clearness, 
it  being  understood  that  the  plans  must  always  include  the  entire 
estate  in  question,  even  though  the  expropriation  should  afi'ect  a  part 
thereof  only. 

The  declarations  of  the  experts  shall  be  collected  by  the  representa- 
tive of^  the  administration,  and  shall  be  forwarded  to  the  governor 
with  the  expense  accounts,  including  the  fees  of  the  said  experts. 

In  all  the  proceedings  mentioned  in  the  preceding  paragraphs,  the 
provisions  of  articles  33  to  37  of  these  regulations  shall  be  observed  in 
so  far  as  applicable  and  not  modified  by  the  corresponding  articles  of 
this  chapter. 

ART.  88.  After  the  portion  of  the  estate  to  be  occupied  has  been  deter- 
mined, the  expert  of  the  administration  shall  prepare  a  statement  of 
valuation  in  which,  taking  into  consideration  all  the  circumstances  which 
appear  in  the  statements  of  the  experts  in  accordance  with  the  provi- 
sions of  article  23  of  the  law  and  the  corresponding  ones  of  these  regula- 
tions, the  highest  amount  which  in  the  opinion  of  the  said  experts  can 
be  allowed  to  the  owner  in  payment  of  all  claims,  free  from  all 
expenses,  shall  be  stated.  In  this  statement  the  expert  signing  the 
same  shall  duly  state  the  reasons  upon  which  he  bases  his  valuation. 

The  statement  mentioned  in  the  foregoing  article  shall  be  submitted 
for  the  acceptance  of  the  owner,  who  shall  state  whether  he  does  or 

1  This  article  is  inserted  here  as  amended  by  the  royal  decree  of  July  4,  1881. 


46 

does  not  agree  to  accept  the  amount  offered,  the  provisions  of  articles 
41, 42,  and  43  of  these  regulations  being  observed  in  all  these  proceedings. 

AKT.  89.  If  the  owner  should  refuse  the  offer  of  the  administration 
he  shall  present  another  statement  of  valuation  made  by  his  expert, 
&nd  the  one  representing  the  ayuntamiento  must  do  likewise.  These 
two  statements  shall  afterwards  be  compared,  and  if  their  totals  are 
the  same  the  valuation  of  the  estate  shall  be  fixed  thereat. 

Should  the  total  amounts  which  appear  on  the  statements  not  coin- 
cide, the  proper  judge  shall  appoint  a  third  expert,  who  shall  make  his 
declaration,  taking  into  consideration  all  the  data  mentioned  in  article 
32  of  the  law,  and  the  governor  shall  render  a  decision  with  his  reasons, 
which  shall  be  communicated  to  the  parties  in  order  that  they  may 
make  use  of  the  right  of  appeal  granted  them  by  law. 

ART.  90.  In  the  proceedings  mentioned  in  the  foregoing  article  the 
procedure  prescribed  by  articles  44  to  56  of  these  regulations  shall  be 
observed,  taking  into  consideration: 

1.  That  the  documents  which  relate  to  the  valuation  of  an  estate 
subject  to  forcible  alienation  on  account  of  its  having  a  frontage  or 
openings  upon  the  yards,  streets,  or  parts  of  streets  which  must  be 
removed  for  the  proper  laying  out  or  formation  of  blocks,  in  accord- 
ance with  the  project  approved,  the  easements  or  lighting  privileges  or 
views  must  be  taken  into  account  as  if  they  faced  upon  a  public  road. 

2.  That  in  order  to  appraise  the  value  of  the  estate,  no  improve- 
ment can  be  considered   which  was-  made  after  the  initiation  of  the 
project.1 

3.  That  the  expert  of  the  owner  must  indicate  when  the  entire 
estate  should  not  be  subject  to  expropriation,  whether  the  alienation 
of  the  rest  would  be  advisable  for  the  owner,  or  whether  he  should 
retain  it  in  accordance  with  the  provisions  of  the  paragraph  of  article 
23  of  the  law.2 

4.  That  these  appraisals  must  be  absolute  and    there    must    be 
included  therein,  therefore,  the  annuities,  ownerships,  incumbrances, 
and  easements  thereon  of  all  kinds  affecting  the  right  of  ownership 
directly  or  indirectly,  so  that  after  the  expropriation  of  an  estate  has 
taken  place  said  charges  or  incumbrances  can  not  revive  for  any  rea- 
son whatsoever  with  regard  to  the  new  lots  which  may  be  formed. 

5.  That  the  ayuntamiento  may  at  once  occupy  the  estate  from  the 
moment  it  pays  to  the  owner  the  amount  of  the  expropriation  when 
said  amount  has  been  determined,  and,  otherwise,  upon  the  deposit  of 
the  amount  stated  in  the  declaration  of  the  expert  of  the  person  inter- 
ested or  that  of  the  administration,  in  his  absence. 

1  Not  after  the  initiation  but  after  the  definite  approval  of  the  project  is  understood, 
.according  to  the  royal  order  of  April  28,  1883. 

2  What  paragraph  is  referred  to  is  not  stated. 


47 

ART.  91.  The  payment  for  and  taking  of  possession  of  the  said 
estates  shall  be  made  by  the  ayuntamiento,  subject  to  the  laws  and 
instructions  upon  municipal  accounting  at  present  in  force,  or  which 
may  be  in  force  when  said  proceedings  are  held,  which  shall  conform  in 
so  far  as  applicable  to  the  provisions  of  article  4  of  these  regulations. 

ART.  92.  After  the  ajmntamiento  has  paid  or  deposited  the  value  of 
the  expropriations  which  are  comprised  in  the  project,  the  demoli- 
tions which  may  be  necessary  to  carry  them  out  shall  be  proceeded 
with,  in  a  proper  case,  marking  off  the  blocks  which  may  have  been 
planned  adjoining  the  public  road. 

The  lots  which  constitute  the  blocks  mentioned  in  the  foregoing 
article  shall  be  sold  by  the  a}^untamiento  at  public  auction,  in  accord- 
ance with  the  decree  of  February  27, 1852,  and  the  instructions  which 
are  in  force  as  to  its  application,  always  after  the  documents  of  condi- 
tions which  will  have  to  be  prepared  for  the  purpose  by  the  municipal 
corporation  with  the  approval  of  the  governor  or  of  the  government, 
if  proper. 

In  said  conditions  it  must  be  specifically  stated  that  the  new  build- 
ings must  conform  to  the  project  approved,  and  that  upon  the  sale  by 
the  ayuntamiento  of  the  lots  referred  to  in  the  foregoing  paragraphs 
exemption  is  granted  from  the  payment  of  the  tax  on  property  rights 
and  transfer  of  property,  corresponding  to  the  transfer  of  ownership 
of  the  said  lots. 

An  express  condition  in  these  sales  shall  also  be  the  period  for  the 
beginning  and  completion  of  the  buildings,  no  extension  in  the  execu- 
tion thereof  being  permitted.  Noncompliance  with  this  provision 
shall  always  carry  with  it  the  reversion  of  the  lot  to  the  ayuntamiento 
with  the  loss  by  the  purchaser  of  the  sum  he  may  have  paid  therefor. 

ART.  93.  The  ayuntamientos  may  execute  the  works  referred  to  in 
this  chapter  either  by  administration  or  by  contract,  the  provisions  of 
these  regulations  being  observed,  as  well  as  the  provisions  in  force  on 
public  works,  and,  in  the  latter  case,  the  provisions  of  the  decree  upon 
contracts  for  public  services  and  instructions  for  its  execution. 

Contracts  in  a  proper  case  shall  be  let  only  for  the  works  of  demo- 
lition, removal  of  earth  for  laying  out  the  lots,  and  the  establishment  of 
urban  public  services,  the  estimates  made  for  these  objects  serving  as 
a  basis  for  the  auction.  The  expropriations  and  expenses  of  the  same 
shall  be  borne  by  the  ayuntamiento,  which  reserves  the  ownership  of 
the  lots  laid  out  for  the  sale,  as  prescribed  in  article  92. 

ART.  94.  The  ayuntamientos  may  also  execute  works  of  this  char- 
acter for  improvement,  sanitation,  and  the  widening  of  streets  of  towns 
by  means  of  concessions  to  private  individuals  or  duly  organized  com- 
panies. In  such  cases  the  concessionaire  shall  subrogate  himself  in  all 
the  rights  and  obligations  which  pertain  to  the  latter.  Said  conces- 
sionaire binds  himself  therefor  to  pay  the  expropriations,  to  execute  the 


48 

demolitions  which  may  be  necessary  to  establish  the  urban  public  serv- 
ices of  all  kinds  and  to  lay  out  the  lots  which  may  result,  all  strictly  in 
accordance  with  the  project  prepared  by  the  ayuntamiento  and  approved 
by  the  proper  person. 

In  compensation  for  the  expense  of  the  services  and  works,  the  con- 
cessionaire shall  become  the  owner  of  the  land  which  it  may  not  be 
necessary  to  occupy  for  the  public  road,  and  he  may  unrestrictedly 
alienate  the  same  without  any  other  conditions  being  imposed  but  a 
strict  observance  in  the  formation  of  the  blocks  and  lots,  as  well  as 
in  all  that  relates  to  new  buildings,  of  the  provisions  of  the  project, 
the  law,  and  these  regulations. 

ART.  95.  When  the  ayuntamiento  considers  the  granting  of  a  con- 
cession of  this  character  to  be  advisable,  upon  a  project  ordered  pre- 
pared and  the  cost  of  which  was  defrayed  by  the  municipal  corporation, 
the  granting  of  the  concession  shall  be  made  by  the  ayuntamiento,  and 
always  at  public  auction. 

The  bidding  shall  be  upon  the  value  given  to  the  lots  laid  out  after 
the  works  of  the  project  have  been  executed,  and  after  deducting  from 
said  value  expenses  of  all  kinds  which  may  be  considered  necessary  in 
order  to  complete  the  same. 

ART.  96.  In  order  to  hold  the  auction  prescribed  in  the  foregoing 
article,  the  ayuntamiento  shall  order  that  the  author  of  the  project 
prepare,  before  anything  else,  a  calculation  of  the  value  of  the  lots, 
which  is  to  serve  as  a  basis  for  the  bidding. 

This  calculation  shall  contain,  in  the  first  place,  the  amount  which, 
according  to  the  estimate  of  the  author  of  the  project  and  taking  into 
consideration  all  the  circumstances  and  conditions  in  which  the  differ- 
ent partial  lots  may  remain,  it  is  believed  that  the  entire  area  available 
for  new  buildings  is  worth  after  the  work  of  the  demolition  of  the 
buildings  expropriated  and  the  laying  out  of  lots. 

There  shall  be  deducted  from  the  sum  mentioned  in  the  preceding 
paragraph : 

1.  The  cost  of  the  study  of  the  projects  and  the  cost  of  the  copies 
for  the  proceedings. 

2.  The  sums  which  it  is  calculated  are  necessary  for  the  payment  of 
the  expropriations  and  the  expenses  inherent  thereto  for  any  reason 
whatsoever. 

3.  The  calculated  cost  for  the  works  of  demolition  of  buildings,  it 
being  considered  that  the  material  which  can  be  used  from  said  demo- 
lition is  to  remain  the  property  of  the  concessionaire. 

4.  The  estimated  cost  of  the  removal  of  earth  and  other  work  which 
may  be  necessary  for  the  leveling  of  the  road  and  the  establishment  of 
all  public  and  urban  services,  as  well  as  for  the  formation  and  marking 
off  of  lots. 

5.  All  other  expenses  which  may  arise  in  connection  with  a  proper 
realization  of  the  project. 


49 

To  the  sum  of  the  calculated  expenses,  in  accordance  with  the 
preceding  numbers,  shall  be  added  15  per  cent  to  meet  the  cost  of 
direction,  administration,  advance  of  capital,  and  industrial  benefit. 

ART.  97.  The  amount  whieh  may  result  from  the  calculation  referred 
to  in  the  foregoing  article  for  the  value  of  the  alienable  lots  shall  serve 
as  a  basis  for  the  auction,  and  the  amount,  increased  in  a  proper  case, 
shall  be  paid  to  the  ayuntarniento  by  the  private  individual  or  company 
whose  bid  is  accepted. 

In  addition  the  concessionaire  will  be  obliged  to  pay  to  the  ayun- 
tamiento  the  sum  which  appears  in  the  said  calculation  as  the  cost  of 
the  project  and  of  the  copies  necessary  in  the  proceedings. 

AKT.  98.  Prior  to  the  public  sale  a  document  of  private  and  economic 
conditions  shall  be  prepared  by  the  ayuntainiento,  in  which  shall  be 
stated: 

1.  The  deposit  required  of  persons  who  desire  to  take  part  in  the 
bidding.     This  deposit  shall  be  1  per  centum  of  the  amount  calculated 
for  the  payment  of  expropriations  and  the  cost  of  the  works,  and  shall 
be  returned  to  all  the  bidders,  excepting  the  one  whose  bid  was  accepted, 
upon  the  day  following  the  public  sale. 

2.  The  period  within  which  the  contract  is  to  be  elevated  to  a  public 
instrument,  under  the  penalty  of  the  loss  of  the  deposit  mentioned  in 
the  foregoing  article. 

3.  The  bond  to  be  given  by  the  concessionaire  upon  the  execution  of 
the  instrument  to  answer  for  the  fulfillment  of  his  obligations.     This 
security  shall  be  10  per  cent  of  the  amount  calculated  for  the  payment 
of  expropriations  and  the  execution  of  works  of  all  kinds.     The  part 
of  the  said  security  which  corresponds  to  the  expropriations  shall  not 
be  returned  until  the  concessionaire  shows  that  he  has  made  all  the 
payments,  and  that  the  last  proceedings  prescribed  in  the  law  and  these 
regulations  have  been  fulfilled.     The  part  which  pertains  to  the  works 
shall  be  returned  upon  the  conclusion  of  the  same,  and  after  they  have 
been  received  by  the  technical  person  in  charge  of  the  inspection  of 
the  works. 

4.  The  date  when  the  concessionaire  is  to  begin  or  terminate  the 
work  and  the  new  buildings  specified  in  the  project,  as  well  as  the 
amount  of  work  to  be  done  within  certain  periods,  in  order  that  it 
may  be  concluded  within  the  period  fixed. 

5.  The  period  when  the  concessionaire  is  to  pay  to  the  ayuntamiento 
the  sum  fixed  for  the  cost  of  studies  as  well  as  when  he. is  to  pay  the 
amount  for  which  the  concession  was  adjudicated  to  him. 

6.  The  cases  in  which  the  concession  will  be  forfeited  and  what  it 
may  be  proper  to  do  in  each  of  these  cases  in  accordance  with  the  pro- 
visions hereupon  contained  in  the  laws  in  force  on  public  works. 

7.  All  other  conditions  which  in  each  special  case  it  is  necessary  to 
stipulate,  in  the  opinion  of  the  ayuntamiento,  among  which  must  never 

17621—01 4 


50 

fail  to  be  included  the  period  for  the  beginning  and  conclusion  of  the 
constructions,  in  accordance  with  the  provisions  of  these  regulations, 
nor  shall  the  penalty  to  be  imposed  in  case  of  nonfulfillment  of  this 
condition  which  is  fixed  in  the  same  be  omitted. 

ART.  99.  After  the  concession  has  been  awarded  by  the  ayunta- 
miento,  the  concessionaire  shall  pay  the  expropriations  of  the  estates 
which  it  may  be  necessary  to  occupy,  strictly  complying  with  all  the 
provisions  with  regard  hereto  contained  in  the  law  and  these  regu- 
lations. 

Thereupon  he  shall  execute  the  works  of  demolition  and  mark  off 
the  lots  and  establish  all  the  urban  public  services  in  accordance  with 
the  project,  and  upon  the  conclusion  of  all  this  work  he  shall  be  given 
possession  of  the  land  and  lots  which  remain  his  property,  with  the 
formalities  prescribed  in  the  laws  in  force. 

At  the  time  stated  in  the  conditions  of  the  concession,  the  conces- 
sionaire or  the  persons  to  whom  he  may  have  transferred  the  lots  shall 
begin  the  construction  of  the  new  buildings,  with  the  understanding 
that  every  lot  not  built  upon  within  the  unextendible  period  fixed  for 
the  purpose  in  the  said  conditions  shall  revert  to  the  aj^untamiento, 
with  the  loss  by  the  concessionaire,  and,  in  a  proper  case,  by  the  person 
who  acquired  the  same,  of  the  sum  he  ma}7  have  paid  therefor. 

The  ayuntamiento  shall  sell  this  lot  or  lots  at  public  auction  under 
similar  conditions,  in  order  that  the  buildings  on  the  street  may  be 
speedily  .concluded. 

ART.  100.  The  ayuntamiento  may  grant  an  extension  to  the  conces- 
sionaire for  the  conclusion  of  the  works,  provided  that  it  is  duly  proven 
that  in  the  prosecution  of  the  expropriation  proceedings  cases  have 
arisen  for  which  the  concessionaire  is  not  to  blame,  and  which  hindered 
the  normal  progress  of  the  corresponding  steps. 

In  no  case  can  extensions  be  granted  with  regard  to  the  construction 
of  the  new  buildings  which  are  to  be  erected  on  the  lots  marked  off, 
nor  any  dispensation  or  exemption  from  any  of  the  conditions  relating 
to  this  part  of  the  work  fixed  in  these  regulations. 

ART.  101.  Any  private  individual  or  duly  organized  company  may 
address  the  ayuntamiento  proposing  the  execution  of  works  for  the 
improvement,  sanitation,  and  widening  of  streets  of  a  town,  and  request 
the  concession  thereof. 

The  petitioner  shall  apply  to  the  ayuntamiento  for  the  concession, 
and  must  attach  to  the  request  the  proper  project.  This  project  must 
conform  to  the  provisions  of  articles  79  and  80  of  these  regulations, 
and  the  petitioner,  upon  presenting  it,  shall  attach  the  deposit  receipt 
showing  that  he  has  deposited  in  the  treasury  of  the  ayuntamiento  a 
sum  equivalent  to  1  per  cent,  of  the  sum  which  corresponds  to  the 
expropriations  and  the  value  of  the  works  projected  according  to  the 
estimate. 


51 

ART.  102.  The  project  of  the  petitioner  shall  afterwards  be  submit- 
ted to  all  the  proceedings  which  articles  82  to  81  prescribe  for  the 
declaration  of  public  utility,  and  for  the  approval  of  the  said  project. 

Afterwards  the  cost  of  the  studies  shall  be  taxed,  which  shall  be 
done  by  two  experts  appointed,  one  by  the  person  interested  and  the 
other  by  the  ayuntamiento,  or  by  a  third  person  designated  in  advance 
and  by  common  consent  by  the  said  experts  in  case  of  disagreement^ 

ART.  103.  The  concession  shall  be  granted  by  the  ayuntamiento  at  a 
public  auction,  for  which  the  provisions  contained  in  articles  95  to  98 
shall  be  observed,  the  petitioner  being  obliged  to  make  the  calculation 
which,  according  to  article  96,  is  to  serve  as  a  basis  for  the  public 
sale. 

The  right  of  tanteo  is  reserved  to  the  petitioner  in  such  case — that  is 
to  say,  the  right  to  receive  the  concession,  if  he  should  so  desire,  for 
the  sum  which  may  have  been  offered  by  the  highest  bidder. 

If  the  person  interested  should  desire  to  make  use  of  this  right  he 
must  attend  the  public  sale,  either  in  person  or  through  a  duty  empow- 
ered representative,  which  sale  shall  be  extended  one-half  hour  in  order 
that  the  petitioner  may  make  the  proper  declaration,  which  shall  be 
recorded  upon  the  minutes  of  the  sale  in  a  proper  case.  If  upon  the 
expiration  of  the  half  hour  no  declaration  whatsoever  should  be  made, 
it  shall  be  understood  that  the  petitioner  renounces  his  right. 

If  the  petitioner  of  the  concession  should  not  be  given  the  conces- 
sion at  the  sale,  the  successful  bidder  must  pay  to  the  former,  within 
the  period  of  fifteen  days  from  the  date  the  concession  was  awarded 
to  him,  the  sum  at  which  the  ^project  was  appraised  in  accordance  with 
the  provisions  of  article  102. 

The  ayuntamiento  shall  return  to  the  petitioner  in  such  case  the 
deposit  which  he  may  have  made  upon  presenting  the  project  accord- 
ing to  article  101  of  these  regulations,  which  return  shall  be  made  on 
the  day  following  the  holding  of  the  sale. 

The  provisions  of  articles  99  and  100  shall  be  observed  in  this  case 
for  the  payment  of  expropriations,  the  execution  of  the  works,  deliv- 
ery to  the  concessionaire  of  the  lots  marked  off,  and  other  details 
established  in  the  aforementioned  articles. 

ART.  104.  In  the  sales  of  concessions  the  ayuntamiento  shall  observe 
the  provisions  of  the  royal  decree  of  February  27,  1852,  with  regard 
to  contracting  for  public  services  and  the  instructions  issued  for  its 
application,  in  so  far  as  these  provisions  are  not  modified  by  these 
regulations. 

ART.  105.  The  ayuntamiento  shall  keep  a  separate  account  exclusively 
of  the  expenses  relating  to  the  works  referred  to  in  the  foregoing 
articles,  and  may  contract  loans  for  their  execution  according  to  the 
provisions  of  article  51  of  the  law. 

When  the  ayuntamiento  should  consider  the  negotiation  of  a  loan 


52 

of  this  character  necessary  it  shall  order  its  finance  commission  to  draw 
up  the  proper  project. 

Said  commission  shall  present  with  its  project  the  documents  which 
it  may  consider  proper  in  order  to  show  the  condition  of  the  municipal 
funds  and  a  memorial  with  the  reasons  detailing  the  calculations  of  the 
operation  with  regard  to  the  payment  of  interest  and  series  of  years 
of  the  amortization,  as  well  as  the  project  of  the  document  of  condi- 
tions, which  is  to  serve  for  the  negotiation  of  the  loan  at  public  sale. 
The  ayuntamiento  shall  afterwards  decide  what  it  may  deem  proper, 
conforming  to  the  provisions  of  the  municipal  law,  afterwards  trans- 
mitting the  proceedings  to  the  Government  for  its  approval. 

The  proper  minister  shall  render  his  decision  after  hearing  the 
council  of  state. 

ART.  106.  The  provisions  contained  in  article  73  of  these  regulations 
are  applicable  to  the  parcels  of  land  which  are  left  over  after  the  exe- 
cution of  the  works  of  improvement  of  the  interior  of  a  town,  in 
accordance  with  the  project  approved,  and  after  having  sold,  in  a  proper 
case,  the  lots  referred  to  in  article  92,  as  well  as  those  which  may  have 
reverted  to  the  municipal  corporation  on  account  of  noncompliance  by 
the  concessionaire  or  owner  with  the  building  conditions  according  to 
the  provisions  of  the  third  paragraph  of  article  99. 

The  parcels  which  remain  the  property  of  the  ayuntamiento,  on 
account  of  not  having  been  acquired  by  the  corresponding  owners, 
may  be  sold  in  accordance  with  the  provisions  of  the  law  of  June  17, 
1864.  If  the  work  should  have  been  executed  by  concession,  the  con- 
cessionaire as  the  owner  of  the  parcels  may  alienate  them  without 
restriction,  but  always  under  the  conditions  imposed  upon  him  in 
order  that  they  may  not  remain  a  long  period  without  the  building 
which  may  be  proper  in  accordance  with  the  project.  Nonfulfillment 
of  these  conditions,  which  can  not  be  extended,  shall  always  carry  with 
it  the  reversion  of  the  lot  or  parcel  to  the  ayuntamiento  with  the  loss 
to  the  owner  of  the  value  thereof. 

ART.  107.  The  expropriations  necessary  to  carry  out  the  plan  of 
widening  the  streets  of  a  town  shall  be  made  in  accordance  with  the 
provisions  of  the  law  of  December  22,  1876,  and  Chapter  V  of  the 
regulations  of  February  19,  1877,  for  the  application  of  the  said  law. 

ART.  108.  The  provisions  contained  in  articles  39,  58,  and  76,  with 
regard  to  notifications  to  the  persons  interested  in  the  expropriations 
and  with  regard  to  the  action  to  be  taken  when  any  of  the  persons 
interested  should  make  use  of  the  right  granted  him  by  the  law  to 
appeal  from  administrative  decisions,  shall  be  applicable  to  the  pro- 
ceedings which  may  be  instituted  for  the  purpose  of  executing  the 
works  referred  to  in  this  chapter. 


53 

CHAPTER  VI. — TEMPORARY  OCCUPATIONS. 

ART.  109.  The  administration,  or  the  person  representing  the  same, 
has  the  right  to  impose  upon  private  property  the  easement  of  tem- 
porary occupation  whenever  it  should  be  necessary  for  the  execution 
of  the  works  previously  declared  of  public  utility  and  for  those  which 
are  excepted  from  this  formality  by  article  11  of  the  law  on  expropri- 
ation in  the  cases  and  with  the  requisites  which  are  required  by  Title 
III  of  the  said  law  and  the  corresponding  articles  of  these  regulations. 

This  easement  is  compulsory  with  regard  to  rural  estates;  but  in  no 
case  can  it  be  imposed  upon  urban  estates  without  the  express  permis- 
sion of  the  respective  owner. 

ART.  110.  When  the  temporary  occupation  should  be  indispensable 
for  the  purpose  of  making  examinations  or  operations  in  order  to  col- 
lect data  for  the  formation  of  a  plan  or  description  of  a  work,  which 
is  the  first  case  of  article  55  of  the  law,  the  governor  of  the  province 
shall  furnish  the  technical  person  in  charge  of  the  said  studies  or 
operations  credentials  for  the  mayors  of  the  towns  within  whose  juris- 
diction he  is  to  work,  in  order  that  he  may  be  given  all  the  assistance 
possible,  and  especially  to  obtain  from  the  owners  permission  to  enter 
their  premises. 

ART.  111.  The  amount  of  losses  or  damages  which  ma}7  be  caused  to 
the  owner  by  the  temporar}7  occupation,  in  the  case  of  the  preceding 
article,  shall  be  fixed  by  two  experts,  one  appointed  by  the  technical 
person  in  charge  of  the  work  and  the  other  by  the  owner  of  the  estate. 
In  case  of  disagreement  between  the  experts,  the  amount  of  damages 
shall  be  fixed  by  the  proper  mayor,  an  appeal  being  allowed  to  the 
governor  of  the  province.  The  sum  at  which  the  indemnity  is  fixed 
shall  be  paid  at  once  to  the  owner  by  the  person  iri*charge  of  the  works. 

ART.  112.  If  the  owner  should  without  just  cause  refuse  to  grant 
permission  to  enter  his  premises,  or  if,  after  the  amount  of  losses  and 
damages  has  been  fixed  in  the  manner  mentioned  in  the  foregoing  arti- 
cle, he  should  insist  on  his  refusal,  the  mayor  shall  inform  the  gov- 
ernor of  the  province,  who  shall  take  the  proper  steps  to  enforce  com- 
pliance with  the  provisions  of  the  law  and  these  regulations. 

Nevertheless,  the  said  governor  may  withdraw,  at  the  instance  of  a 
party,  the  authority  granted,  enforcing  the  liability  which  may  have 
been  incurred  by  reason  of  the  commission  of  any  abuse. 

ART.  113.  Private  estates  may  also  be  occupied  temporarily  in  the 
second  case  mentioned  in  article  55  of  the  law;  that  is,  for  the  estab- 
lishment of  temporary  roads,  workshops,  storehouses,  deposits  of 
materials,  and  any  other  easements  required  in  the  construction,  repair, 
and  preservation  of  the  works. 

ART.  114.  The  necessity  of  the  temporary  occupation  in  the  case 
mentioned  in  the  foregoing  article  shall  be  declared  in  the  terms  pre- 
scribed in  article  58  of  the  law. 


54 

ART.  115.  In  these  cases  the  owner  of  the  land  shall  be  indemnified 
for  the  time  of  the  occupation,  as  well  as  for  losses  and  damages  and 
deterioration  of  any  character  which  may  be  caused  thereby. 

Whenever  it  is  convenient  for  the  owners,  and  they  should  so 
demand,  the  condition  of  their  estates  shall  be  recorded  before  they 
are  occupied  with  regard  to  any  circumstance  which  may  cause  a  doubt 
in  the  appraisal  of  the  damages  caused  thereto. 

ART.  116.  When  it  is  possible  to  fix  in  advance  the  extent  and  dura- 
tion of  the  temporary  occupation  before  it  actually  takes  place,  an 
agreement  shall  be  made  with  the  owner  upon  the  amount  of  the  indem- 
nity. For  this  purpose  the  representative  of  the  administration  or 
the  concessionaire  shall  offer  to  the  owner  the  sum  which  may  be  con- 
sidered proper,  granting  him  a  period  of  ten  days  in  which  to  answer 
whether  he  accepts  or  refuses  the  said  offer. 

In  case  of  his  acceptance,  the  payment  of  the  corresponding  amount 
shall  be  made,  and  the  estate  may  be  occupied  at  once  without  the 
owner  being  permitted  to  make  any  objection  whatsoever. 

If  the  person  interested  should  not  answer  within  the  period  fixed 
in  the  first  paragraph  of  this  article,  it  shall  be  understood  that  he 
accepts  the  offer  made,  and  the  estate  shall  be  occupied  after  the  pay- 
ment of  the  indemnity,  as  stated  in  the  second  paragraph. 

ART.  117.  In  all  cases  in  which  it  should  not  be  possible  to  fix  in 
advance  the  extent  and  duration  of  the  occupation,  an  attempt  shall  be 
made  by  the  representative  of  the  administration,  or  by  the  conces- 
sionaire to  reach  an  agreement  with  the  owner,  to  fix  a  sum  suffi- 
cient to  answer  for  the  amount  of  the  idemnity.  If  an  agreement 
should  be  reached  on  this  point,  the  amount  fixed  shall  be  deposited  in 
the  treasury  of  the  economic  administration  of  the  province  to  answer 
for  the  payment  of  the  indemnity  at  the  proper  time. 

In  case  of  disagreement  the  parties  interested  shall  appoint  experts 
to  determine  the  amount  of  the  sum  to  be  deposited,  the  procedure  in 
these  cases  being  similar  to  that  prescribed  for  the  expropriation  by 
article  29  et  seq.  of  the  law  and  the  corresponding  ones  of  these  regu- 
lations, the  governor  of  the  province  deciding  in  the  last  case,  whose 
resolution  shall  be  final. 

In  any  case,  before  the  temporary  occupation,  the  experts  shall  make 
a  record  of  the  condition  of  the  estate,  as  prescribed  in  the  second 
paragraph  of  article  59  of  the  law,  and  115  of  these  regulations. 

Similar  proceedings  shall  be  had  in  order  to  fix  the  sum  to  be 
deposited  when  the  owner  should  have  refused  the  offer  which  may 
have  been  made  him  in  the  case  of  article  116. 

ART.  118.  As  soon  as  the  works  are  entirely  concluded,  or  that  por- 
tion thereof  which  affects  the  lands  temporarily  occupied,  the  indem- 
nity shall  be  fixed  which  is  to  be  definitely  paid  for  the  occupation, 
deteriorations,  losses,  and  damages  caused  thereby. 


55 

An  attempt  shall  first  be  made  to  reach  an  agreement  with  the  owner 
to  determine  the  amount  of  the  indemnity,  the  proceedings  in  this  case 
being  similar  to  those  prescribed  by  the  law  and  these  regulations  for 
a  permanent  occupation. 

ART.  119.  If  the  owner  should  refuse  the  proposal  of  the  representa- 
tive of  the  administration  or  of  the  concessionaire,  the  taxation  shall  be 
made  by  experts,  according  to  proceedings  similar  to  those  prescribed 
for  the  expropriation  in  the  third  section  of  Title  II  and  corresponding 
chapter  of  these  regulations,  until  the  conclusion  of  the  proceedings 
either  administratively  or,  in  a  proper  case,  by  litigation. 

In  these  appraisals  the  provisions  of  article  60  of  the  law  and  the 
privilege  granted  by  the  same  to  the  administration  or  to  the  person 
acting  in  its  stead  to  demand  the  expropriation  of  the  entire  estate  in 
the  case  mentioned  therein  must  be  taken  into  consideration. 

ART.  120.  For  the  payments  and  deposits  which  may  have  to  be 
made,  for  the  purpose  of  satisfying  indemnities  for  temporary  occu- 
pations, the  administration  shall  conform  to  the  provisions  of  Chapter 
IV  of  these  regulations,  with  regard  to  permanent  occupations. 

When  said  payments  or  deposits  are  to  be  made  by  concessionaires  or 
contractors  of  the  works,  the  governor  shall  take  the  proper  steps  in 
order  that  they  be  made  strictly  in  accordance  with  the  provisions 
of  the  law  and  these  regulations. 

ART.  121.  The  private  properties  are  also  subject  to  the  easement 
mentioned  in  the  third  case  of  article  55  of  the  law.  Therefore  the 
representatives  of  the  administration  and  the  concessionaires  or  con- 
tractors of  the  works  may  extract  from  said  estates  all  materials  which 
are  to  be  used  in  said  works,  whether  on  the  surface  of  the  estates  or 
whether  their  extraction  must  be  the  object  of  a  regular  working. 

ART.  122.  In  all  the  cases  of  the  foregoing  article  the  proprietor 
shall  be  paid  what  may  be  proper  for  the  temporary  occupation  in 
accordance  with  the  provisions  hereupon  contained  in  articles  113  to 
120  of  these  regulations. 

There  shall  be  paid  in  addition  the  value  of  the  material  used  or 
extracted  in  accordance  with  the  provisions  contained  in  the  following 
articles. 

ART.  123.  When  it  should  be  necessary  to  take  from  a  private  estate 
pebbles,  gravel,  sand,  and  other  similar  material  for  the  execution  of 
a  work,  the  necessity  of  the  extraction  shall  be  passed  upon  by  the 
governor,  after  holding  in  the  most  summary  manner  possible  proceed- 
ings similar  to  those  prescribed  in  article  58  of  the  law  and  114  of 
these  regulations. 

In  the  cases  of  this  article  there  shall  be  paid  as  indemnity  only  that 
corresponding  to  the  losses  and  damages  which  are  caused  to  the  land 
by  the  extraction  of  the  materials;  but  nothing  shall  be  allowed  for 
the  value  of  the  substances  themselves,  unless  the  owner  clearly  and 


56 

definite^  proves  that  prior  to  the  approval  of  the  project  of  the  work 
they  were  being  worked  in  a  regular  manner  for  the  exercise  of  any 
industry  and  for  which  industry  the  proper  tax  was  being  paid. 

It  shall  not  be  sufficient,  therefore,  in  order  to  declare  that  the  pay- 
ment for  the  material  is  proper,  that  at  some  period  some  of  the 
material  could  have  been  utilized  with  the  permission  of  the  owner  or 
for  any  compensation. 

ART.  124.  When  pajonent  for  the  value  of  material  is  proper  in 
accordance  with  the  provisions  of  the  foregoing  article  the  price  of 
the  unit  shall  be  fixed  according  to  proceedings  similar  to  those  which 
are  to  be  had  in  fixing  the  indemnity  corresponding  to  the  temporary 
occupation,  an  account  being  kept  according  to  the  means  which  may 
be  agreed  upon  by  the  parties  of  the  number  of  units  which  may  be 
removed  in  order  to  pay  for  the  same  at  the  times  and  in  the  manner 
which  may  be  proper. 

ART.  125.  When  it  should  become  necessaiy  to  take  loose  stone  or 
rocks  from  an  estate  the  necessity  therefor  shall  be  declared,  as  in  the 
cases  mentioned  in  article  123. 

The  indemnity,  in  the  case  of  this  article,  shall  always  include  the 
damage  which  may  be  done  to  the  estate  by  the  cartage  of  the  material 
or  in  any  other  manner,  the  provisions  of  article  124  being  observed 
with  regard  to  anything  else  which  relates  to  the  indemnification  for 
and  value  of  the  material  in  a  proper  case. 

ART.  126.  Should  it  become  necessaiy  to  open  a  quarry  upon  some 
estate  in  order  to  use  the  stone  produced  in  the  works,  after  the  neces- 
sity of  the  extraction  has  been  declared  by  the  governor  as  prescribed 
in  article  123,  the  space  which  may  be  necessary^  shall  be  occupied  and 
the  owner  shall  be  paid  only  the  amount  which  may  be  proper  for  the 
occupation  and  the  consequent  losses  and  damages.  In  order  that 
payment  may  be  made  for  the  materials  extracted  from  an  estate  the 
owner  must  prove  all  that  is  prescribed  in  connection  herewith  by 
article  61  of  the  law. 

ART.  127.  If  at  the  period  of  the  service  of  the  notice  made  to  the 
owner  of  the  necessity  of  stone  from  his  lands  for  the  execution  of  a 
work  quarries  already  opened  should  be  found  thereon,  and  which 
were  being  worked  prior  to  the  said  period,  and  the  owner  should 
prove  that  he  needs  the  products  for  his  particular  use,  the  value  of 
the  material  used  shall  be  allowed,  which  value  shall  be  appraised  and 
paid  for  according  to  means  similar  to  those  mentioned  in  article  124. 

The  value  of  the  stone  shall  also  be  allowed  if  the  working  of  the 
quarries  constitutes  an  industiy  for  its  owner  upon  which  be  is  paying 
the  proper  tax,  provided  that  these  circumstances  take  place  before 
the  notification  of  the  necessity  of  the  material.  In  such  case  the 
owner  of  the  quarry  shall  furnish  the  stone  which  may  be  necessary 


57 

for  the  work,  and  he  shall  be  paid  per  unit  the  amount  agreed  upon 
between  the  parties,  which  shall  not  exceed  the  market  price  thereof. 

ART.  128.  If  the  owner  of  the  quarry  should  not  be  able  to  furnish 
the  supplies  for  the  works  as  they  become  necessary,  the  quarries  shall 
be  worked  on  their  account,  the  owner  being  allowed  an  indemnity, 
which,  in  the  absence  of  an  agreement  between  the  parties,  shall  be 
fixed  by  experts  appointed  by  the  same.  In  case  of  disagreement 
the  governor  shall  decide  after  hearing  the  persons  interested  and  the 
professional  officials  whom  he  may  consider  proper.  The  order  of  the 
governor  shall  be  final,  reserving  the  appeal  to  the  proper  minister, 
whose  resolution  shall  be  definite. 

AKT.  129.  The  appraisal  referred  to  in  the  foregoing  article  shall 
be  made,  taking  into  consideration — 

1.  The  market  price  of  the  stone  of  the  quarry  at  the  time  of  mak- 
ing the  project. 

2.  The  profits  on  said  price  to  the  owner. 

3.  The  condition  of  the  quarry  upon  the  conclusion  of  the  service 
with  regard  to  its  probable  future  product  as  well  as  with  regard  to 
the  conditions  of  the  working  thereof. 

ART.  130.  For  the  extraction  of  material  required  in  the  repair  and 
preservation  of  works  which  have  been  declared  of  public  utility  the 
quarries  producing  the  same  may  be  expropriated  in  whole  or  in  part 
upon  compliance  with  the  steps  and  formalities  prescribed  in  the  law 
and  in  these  regulations  for  a  permanent  occupation. 

ADDITIONAL  ARTICLE. 

The  provisions  contained  in  these  regulations  are  applicable  only  to 
civil  works  and  constructions.  Special  instructions  issued  by  the 
respective  ministers  shall  determine  the  manner  of  applying  the  pro- 
visions of  the  law  of  eminent  domain  to  military  services  and  works 
as  well  as  in  case  of  war  and  those  pertaining  to  the  naval  service. 

Madrid,  June  13,  1879.     Approved  by  His  Majesty.     C.  Toreno. 


Il^DEX. 


Accounting,  application  of  the  law,  regulations  and  instructions,  regulations,  60. 
Agreements  between  the  owner  and  the  administration,  law,  26,  59;  regulations, 

116,  117. 

Agricultural  experts,  regulations,  32. 
Appeals: 

On  the  necessity  of  an  occupation,  law,  18,  19;  regulations,  23,  24,  38,  86. 

From  a  declaration  of  public  utility,  law,  14. 

Which  do  not  stay  proceedings,  regulations,  28. 

From  appraisals,  law,  35;  regulations,  54,  55,  56. 

Against  temporary  occupations,  regulations,  128. 
Appraisal  of  real  property  expropriated: 

Necessity  thereof,  etc. ,  law,  3. 

How  to  be  made,  law,  22,  23. 

Kules,  law,  26-36;  regulations,  30  et  seq.,  40-58. 

Additions  to,  law,  42;  regulations,  71. 

Of  estates  for  public  roads,  law,  49. 

Of  temporary  occupations,  law,  60. 

Of  quarries,  regulations,  129. 
Approval  of  projected  works,  regulations,  17. 
Architects,  regulations,  19,  20,  26,  29,  32,  87. 

Ayuntamientos  of  large  towns,  law,  46, 51, 52;  regulations,  11,  78,  91. 
Bonds  to  be  furnished  by  concessioners  of  works,  regulations,  98. 
Civil  constructions,  regulations,  additional  article,  57. 
Concessions  of  works  to  companies  or  private  individuals,  law,  53;  regulations,  94, 

95-105. 

Conditions,  documents  of,  regulations,  98. 

Contractors,  subrogations  to  the  rights  of  the  administration,  law,  9. 
Contracts  relating  to  public  works,  regulations,  93, 104. 
Cost  of  surveying  and  proceedings,  law,  25;  regulations,  37, 44,  87. 
Council  of  state,  hearing  of,  regulations,  6,  83, 105. 
Credentials  for  the  study  of  works,  law,  57;  regulations,  110. 
Damages  caused  by  occupations,  regulations,  111. 
Declaration  of  public  utility.     See  Utility. 
Demolitions,  regulations,  92,  93. 

Deposit  of  the  price  of  the  indemnity,  law,  29,  40,  59;  regulations,  48,  68,  69,  90,  117, 
120. 

Required  to  take  part  at  public  sale,  regulations,  98,  101,  103. 
Easements  and  incumbrances  which  must  be  included  in  the  expropriation,  law,  50. 

Exemption  of  urban  property,  law,  56. 

Of  light  and  view,  regulations,  90. 

59 


60 

Experts: 

Appointment,  intervention,  etc.,  law,  20-25,  26-31,  33;  regulations,  29,  30,  41  et 
seq.  to  52. 

In  the  remodeling  of  towns,  regulations,  87  et  seq. 

For  the  appraisal  of  the  cost  of  studies,  regulations,  102  et  seq. 

For  the  appraisal  of  temporary  occupations,  regulations,  11,  119. 
Expropriation,  requisites  necessary  for,  law,  3. 
Extensions  for  the  termination  of  works,  regulations,  100. 
Fees  of  experts,  law,  25,  27;  regulations,  44,  87. 
Fertilizer  to  be  paid  for,  law,  63. 

Governors,  powers,  duties,  and  functions,  law,  10, 16,  18,  19,  20,  30,  32,  40,  57;  regu- 
lations, 3,  4,  10,  11, 12,  14,  17,  20,  21,  22,  23,  25,  26,  29,  34,  37,  42,  44,  48,  50,  53,  59, 
61,  64,  66,  67,  69,  82,  83,  86,  87,  112,  128. 
Ground  plans,  regulations,  19,  20,  26,  27,  85. 
Hearings  on  plans,  law,  13;  regulations,  3,  4,  8,  12,  16. 
Illness  of  interested  owners,  regulations,  35. 
Improvements,  law,  25;  regulations,  90. 
Incumbrances.     See  Damages;  Easements. 
Industrial  tax,  law,  61. 

Interest  on  appraisals,  law,  29;  regulations,  48. 
Judge  of  district,  intervention  in  appointment  of  experts,  law,  30,  31;  regulations, 

49,  89. 

Lease  of  estates,  law,  61. 
Losses.     See  Damages. 
Material: 

From  estates  and  quarries,  law,  61. 

Extraction  from  ground  temporarily  occupied,  regulations,  122,  123,  124,  125, 

126,  127,  129. 

Mayors:  Functions:  law,  16,  20,  37,  38,  39,  57,  63;  regulations,  24,  31,  62,  64,  70,  86,  111. 
Mining  property,  regulations,  32. 

Minors  or  incapacitated  persons,  law,  6;  regulations,  28,  86. 

Monuments,  historical  and  artistic,  when  commission  to  be  heard,  regulations,  83. 
Municipal  loans,  law,  51;  regulations,  105. 

Necessity  of  occupation,  law,  3, 14-25, 58;  regulations,  19-39,  86, 114. 
Newspapers,  publication  of  projects,  announcements,  claims,  objections,  etc.,  law, 

5, 13, 17, 35;  regulations,  3, 10, 12, 14,  22,  25,  39,  42,  54, 55, 61,  82,  86. 
Notices,  administrative,  law,  20;  regulations,  62. 
Official  bulletin.     See  Newspapers. 

Parcel  or  rural  and  urban  estates,  law,  44, 54;  regulations,  73, 106. 
Payment: 

Delivery  to  person  dispossessed,  law,  3. 

Rules  to  be  observed,  law,  37  et  seq. ;  regulations,  59,  et  seq. 

When  to  be  made,  regulations,  43. 

Other  provisions,  116, 118. 
Persons  with  whom  expropriation  proceedings  are  to  be  conducted,  law,  5,  8; 

nominal  statements,  etc.;  law,  15-17;  regulations,  20,21,26,27,85. 
Plans  of  work,  law,  46;  regulations,  31,  79,  CO,  87. 
Possession,  taking  of,  regulations,  70-76. 
Proceedings,  with  whom  to  be  conducted,  law,  5. 
Projects  of  works,  law,  13;  regulations,  2,  7,  8, 9, 10, 11, 15, 13. 
Provincial  deputations,  intervention  of,  in  expropriation  proceedings,  regulations,  7, 

9, 10, 17. 
Quarries,  law,  62;  regulations,  126-129. 


61 

Registry  of  property,  certificates,  records,  etc.,  law,  41;  regulations,  22,32,50,65. 

Reports  on  estates,  law,  23;  regulations,  36;  37. 

Review  of  proceedings  and  resolutions,  law,  35;  regulations,  54. 

Right  of  reversion  when  public  work  not  executed,  law,  43;  regulations,  72, 92, 99, 106. 

Right  of  tanteo  in  favor  of  the  petitioners  of  urban  works,  regulations,  103. 

Royal  decree,  declaration  of  public  utility  by,  regulations,  6,  8,  83,  84. 

Secretaries  of  ayuntamientos,  regulations,  65. 

Statements  of  appraisal,  law,  26,  27, 28, 38, 41, 42, 43, 44, 45,  46, 52, 65, 88, 89. 

Stone.     See  Material. 

Studies  of  works,  law,  55  and  57;  regulations,  11,  102. 

Summary  proceedings,  law,  4, 42. 

Surveys  of  estates,  law,  22  et  seq. ;  regulations,  29, 30. 

Surveyors,  regulations,  32. 

Taxes,  law,  8. 

Temporary  occupations,  law,  55-63;  regulations,  109-130. 

Terms: 

Within  which  to  object  to  expropriation,  law,  5. 

For  admission  of  evidence  by  the  owner  of  the  payment  of  taxes,  law,  8. 

Within  which  to  object  to  works  planned,  law,  13, 17;  regulations,  10, 12, 14. 

To  object  to  a  declaration  of  public  utility,  regulations,  82. 

To  pass  upon  objections,  law,  18. 

To  appeal,  law,  19. 

To  designate  experts,  law,  20,  33,  35. 

To  accept  or  refuse  the  estimate  of  the  administration,  law,  26,  27. 

To  correct  differences  in  statements  of  appraisal,  law,  28. 

To  give  notice  of  the  statements  of  appraisal,  law,  35;  regulations,  42,  43,  57. 

To  submit  others,  regulations,  44. 

To  communicate  the  disagreement  of  the  experts,  regulations,  48. 

For  the  appraisal  of  the  third  expert,  law,  33. 

To  decide  the  appraisal,  law,  34. 

To  appeal  from  appraisal,  regulations,  54. 

To  decide  said  appeal,  regulations,  55. 

To  exercise  the  right  of  reversion,  law,  43. 

To  object  against  the  necessity  of  the  occupation,  regulations,  23,  24,  38,  86. 

To  designate  an  attorney  in  fact,  regulations,  39. 

To  prepare  statements  of  persons  interested,  regulations,  27. 

For  the  delivery  of  the  price  of  the  indemnity,  regulations,  43,  68, 103. 
Territorial  tax,  law,  32;  regulations,  30. 
Titles  of  ownership,  law,  32. 
Transfers  of  property,  law,  7. 

Urban  property,  exempted  from  temporary  occupation  and  easement,  law,  56;  regu- 
lations, 109. 

Warrants  for  the  payment  of  expropriations,  regulations,  59, 60,  61, 67. 
Works  of  public  utility,  law,  1, 2. 

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